K.N. Sinha, J. - (1.) Heard Sri R.B. Singhal, learned counsel for the Petitioners, Smt. Sadhna Upadhyay learned counsel for the respondents No. 1 and 2 and the learned A.G.A. appearing for respondents No. 3 to 5.
(2.) The habeas corpus petition has been filed under Article 226 of the Constitution of India for issuing a writ to produce petitioner No. 2 and set him at liberty and entrust the custody of petitioner No. 2 to petitioner No. 1. The grounds set forth for the said prayer is that petitioner No. 1 Bal Kishan Rastogi is the father of Karan Rastogi petitioner No. 2, who is in illegal confinement of respondents No. 1 and 2.
(3.) Petitioner No. 1 is the resident of Kayamganj District Farrukhabad and carrying on the business of tobacco. He is the father and natural guardian of petitioner No. 2, who is aged about 7 years. The wife of the petitioner No. 1 was not keeping good health and as such he had permitted his sister Smt. Kamlesh Rastogi, the respondent No. 2, to look after the child. Dr. Reena Rastogi (respondent No. 1) is the daughter of respondent No. 2 and had been looking after the petitioner No. 2 since infancy. Smt. Savita Rastogi. wife of the petitioner No. 1 has now recovered from ailment and given birth to a female child and is in position to look after and take care of her children. The petitioner No. 1 filed an application before the Senior Superintendent of Police, Meerut for the custody of petitioner No. 2, whereupon the Senior Superintendent of Police. Meerut directed S.H.O. Kotwali to set at liberty the petitioner No. 2. The said copy of the application is annexure No. 1. The petitioner No. 1 has also moved an application to City Magistrate, Meerut for issue of search warrant, whereupon S.H.O. Kotwali submitted a report. The City Magistrate, however, refused to issue search warrant and rejected the application. Dr Reena Rastogi (respondent No. 2) having no employment and no source of her livelihood, is dependent on her parents, hence she cannot maintain and take care of petitioner No. 2. Therefore, the petitioner moved this writ petition with the above prayer. He has also annexed the copy of the application moved to Senior Superintendent of Police. Meerut and the City Magistrate, Meerut.;