P.N.Harkauli - (1.) THIS application for revision is directed against an order passed by the learned Judicial Magistrate I, Bulandshahr directing that Km. Rakesh and Km. Munni (applicants 3 and 4 in this revision) shall be restored to the custody of their father Hardas Singh, opposite party No. 1.
(2.) THE facts giving rise to this application so far as they are relevant for the purpose of this revision are as follows. Hardas Singh, opposite party No. 1, moved an application under Sections 97 and 98 CrPC. He alleged that Smt. Premwati (applicant No. 2 in this revision) was his wife and these two girls were born to Smt. Premwati from him. In the year 1970 Rohtash (applicant No. 1 in this revision) enticed away Smt. Premwati and she had been living with him since then. It was further alleged that Rohtash had also kidnapped his children including these two girls. So Hardas Singh prosecuted Rohtash under Sections 498 and 363 IPC. In that case Rohtash was convicted by the learned Magistrate and his appeal was dismissed by the learned Sessions Judge in 1976. It was further alleged that neither Rohtash nor Smt. Premwati had any affection for these two girls and that they wanted to earn money by disposing of these two girls in marriage for money or by making them lead an immoral life. Indeed, according to Hardas Singh, Rohtash had already started negotiating the sale of the girls. Accordingly, he prayed that police may be directed to produce these girls before the learned Magistrate and upon their production Km. Rakesh who was a major may be set at liberty and Km. Munni who was a minor may be given in his custody. On this application the learned Magistrate ordered warrants to issue for the production of the girls before him.
(3.) WHEN these two girls were produced before the learned Magistrate it appeared to him that Km. Rakesh also was a minor and not a major as alleged by Hardas Singh. Accordingly, he got Km. Rakesh medically examined and the medical report showed that she was a minor. When the girls were produced before the learned Magistrate some objections were filed on behalf of the applicants 1 to 4 in which it was disputed that Hardas Singh was the father of these girls and it was contended that he was not entitled to obtain custody of the girls.;