MADAN, J. - (1.) HEARD learned counsel for the parties.
(2.) THE petitioner, who is the mother of detenu Km. Manju, by way of the present habeas corpus petition, has sought release of Km. Manju on the ground that she being her natural guardian and was earlier living with her have a right to claim her custody. It is pertinent to mention in this connection that one Man Singh filed a complaint in the court of learned Civil Judge (JD) and Judicial Magistrate, First Class, Badi on 12. 09. 2000, which was sent for investigation to the police station Kanchanpur, District Dholpur u/sec. 156 (3) Cr. P. C. on which FIR No. 150/2000 was registered with the above police station. On the basis of the aforesaid FIR, the police started investigation and Km. Manju was recovered and she was produced before the learned Magistrate for recording her statement u/sec. 164 Cr. P. C. On 24. 10. 2000 the learned Magistrate recorded her statement in which she expressed the desire to go with her mother since she was not aware of the father and she had also refused to go with him. After recording her statement and after perusing the report submitted by the concerned investigation officer, the learned Magistrate came to the conclusion that there was every likelihood of Km. Manju being sold to somebodyelse and that there was specific evidence on record that she was likely to be sold for a particular amount. Her father also stated that he ceased to have any matrimonial relations with her mother, and, as such, the learned Magistrate directed that Km. Manju should be sent to Nari Niketan till further orders. Pursuant to our directions on 15. 3. 2000, Km. Manju has been produced today in the Court by the Incharge of Nari Niketan, Jaipur. Be that as it may, in view of the above circumstances, the custody of Km. Manju at Nari Niketan, Jaipur, where she is at presently lodged cannot be said to be illegal as the same is pursuant to the directions of the Court. Learned counsel for the petitioner states that Km. Manju be released so as to enable her to join the custody of her mother, who is not present in the Court.
(3.) ON taking over all view of the matter and also having regard to the safety and security of the minor girl, we feel that, interest of justice will be better met, if she remains in Nari Niketan, Jaipur. In case the petitioner is desirous of claiming custody of Km. Manju, she is at liberty to move to appropriate forum i. e. the Court of Guardian and Wards Act, if she establishes her rightful claim for her custody and the competent court may pass necessary orders in this regard in accordance with law. As a result of the above discussion, this habeas corpus petition does not survive and the same is dismissed being not maintainable. .;