1984 Supreme(MP) 25

P. D. Mulye, J.
Ashok Yadav v. State.
Cr. R. No. 76 of 1982 (I); Decided on 13-1-1984.

Headnote:Penal Code, 1860 -- Ss. 363 and 366 -- accused acquitted -- claiming custody of minor girl alleging her to be his wife -- fact of marriage not disclosed previously -- custody rightly given to the father of minor.

        The facts giving rise to this petition may be stated in brief, thus: A criminal case under Section 363 and 366 I. P. C. was filed against the applicant on an allegation that he had kidnapped Sobha, a minor girl from the custody of lawful guardian, namely her father. In that case in which the applicant was subsequently acquitted, father of Sobha had submitted an application for handing over the custody of his minor daughter Sobha to him, which was allowed by the learned Magistrate on supratnama.

        Held : After hearing the learned counsel and after going through the record I am of opinion that there being no merits in this petition the same deserves to be dismissed. Admittedly the girl Sobha was minor at the relevant time and on that basis a case was launched against the applicant for all offence under section 363 and 366 I. P. C. and in those proceedings, after prima facie considering the acts and circumstances of the case, on the basis of the application filed by the father of Sobha who claimed to be her lawful guardian that the learned Magistrate allowed his application & handed over the custody of Sobha to her father as then there was nothing on record to indicate that applicant had married with Sobha according to vedic rites and that he had a preferential right to have the custody of Sobha as his lawfully wedded wife. Therefore, considering the facts and the circumstances of the case the discretion exercised by the learned Magistrate does not call for any interference in exercise of the revisional powers in absence of any perversity or legal infirmity. Revision dismissed.