Ravindra Singh and Naheed Ara Moonis, JJ. - (1.) This writ petition has been filed by the petitioners Smt. Sonali Singh, Gaurav Singh, Retd. Major Narsingh Bahadur Singh, Rajiv Singh and Ashutosh Singh with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 31.3.2009 in Case Crime No. 966 of 2009 under sections 363 and 120-B, I.P.C., P.S. Kotwali, District Ghazipur and to issue a writ, order or direction in the nature of mandamus restraining the opposite parties from arresting the petitioners in the above mentioned case.
(2.) The facts in brief of this case are that the F.I.R. has been lodged by Krishna Pratap Singh @ Babuwa Singh at P.S. Kotwali, District Ghazipur on 31.3.2009 at 12.15 p.m. in respect of the incident which had occurred on 18.3.2009 at about 7.00 p.m. alleging therein that son of the first informant namely late Anand Prakash Singh had died, his son Rishabh Anand aged about 10 years and his daughter Km. Shaurya Anand aged about 13 years were given to the first informant in his guardianship by the Court but the widow of late Anand Prakash Singh who is mother of Km. Shaurya Anand and Rishabh Anand has performed another marriage has kid- napped the above mentioned children forcibly from the custody of the first informant. The first informant moved an application in the Court of District Judge, Ghazipur for becoming guardian of aforesaid minor children and to restrain Smt. Sonali Singh for not taking the minor children from the custody of the first informant on which the interim order dated 9.8.2007 was passed and notice was issued to Smt. Sonali Singh who filed the reply also in the Court, after considering the same the Court has passed the order dated 11.11.2008 declaring the first informant to be guardian of the above mentioned children. Both the children are in the custody of the first informant who were student of St. Johns School, Tulsipur, Ghazipur. The head master of the school was also informed about the Courts order dated 9.8.2007. On 18.3.2009 the first informant left the children in school by his personal car, thereafter he went Nandganj Bazar, both the children were appearing in the examination, the closer of the school was at 1.00 p.m., Ram Chandra, employee of he first informant sent to the school by his wife for taking the children. The first informant was also returning from the Nandganj at about 11.30 a.m. he saw a Tata Safari vehicle coming from the front side in which the petitioners and the kidnapped children were sitting, the driver of the vehicle was unknown, it was not time of the closer of the school, therefore, the first informant though it is a suspicion, thereafter he went to the school where his employee Ram Chandra came in a perturbed condition and said that the children have been forcibly taken away by the petitioners, he tried to prevent them but he was pushed down, thereafter he came to known from the Principal of the school that petitioner Smt. Sonali Singh had expressed his desire to meet her children, then both the children were called and brought to the office and by playing a fraud both the children were taken away by the petitioner Smt. Sonali Singh. Being aggrieved from the impugned F.I.R. the petitioners have filed this writ petitioner before this Court.
(3.) Heard Sri Rakesh Pandey, learned Counsel for the petitioners, learned A.G.A. for and State and Sri A.K. Malviva, learned Counsel for the respondent No. 4.;