ASHIM KUMAR ROY, J. - (1.) THE question arises in this criminal revision is whether the custody of a minor child aged about five years be remained with her grandfather being the father of his deceased mother or be given to her father who has been chargesheeted along with his family members on the allegation of killing her mother by setting her on fire.
(2.) AT present, the minor child is lying in the custody of the grandfather and her father on being released on bail moved the court below invoking Section 97 of the Criminal Procedure Code for issuing of search warrant for the recovery of the child from the custody of father -in -law. The first court allowed the prayer of the father that is the opposite party no.1 herein. The said order was challenged in a criminal revision before the Sessions Court and same was upheld. Now, the grandfather has challenged the said order of the first court and affirmed by a Sessions Court in this second revision. It goes without saying that on the face of the specific statutory bar contained in Sub -Section (3) of Section 397 of the Criminal Procedure Code and an order of an inferior court can be interfered with, in second revision only if the court is satisfied that the order impugned is manifestly illegal and suffers from non -consideration of the materials on record and thus, brings out a situation which is completely an abuse of process of court and not otherwise.
(3.) THERE is no dispute, the father is the natural guardian of a child and therefore, claim of the father is more superior than that of the grandfather, i.e. father of the mother. At the same time, in the case in hand, father is a charge -sheeted accused on the allegation that he committed the murder of his wife and in presence of the child and therefore, child is a key witness to the occurrence and in the interest of fair trial, the custody should not be handed over even to her natural guardian so as to avoid any likelihood of the said child being gained over.;