- (1.) Petitioner Ram Kalyan S/o Mr. Panna Lal Meena has filed this application praying for recall/review of the order dated 28.01.2016 of this Court passed in D.B. Habeas Corpus Petition No.207/2015 filed by him, whereby this Court directed the custody of Babu Lal Meena to be handed over to petitioner Ram Kalyan. In the said order it was recorded that pursuant to the direction of the Court, the police produced Babu Lal. Babu Lal by his gestures explained that he wanted to live with the petitioner Ram Kalyan and petitioner Ram Kalyan also assured the Court that he would keep Babu Lal to the best of his capabilities. Mr. Arvind Bhardwaj, learned counsel for petitioner, has submitted that respondent no.5 Satyanarayan is the nephew of Babu Lal Meena, who filed a suit on behalf of Babu Lal Meena in the capacity of Vad-Mitra on 24.07.2015 before the District and Sessions Judge, Kota, for cancellation of the sale-deed and permanent injunction against petitioner Ram Kalyan and Mahendra Kumar S/o Ram Kalyan on the ground that petitioner Ram Kalyan sold the land fraudulently which belonged to Babu Lal, who is deaf and dumb.
(2.) We have perused the reply to that Habeas Corpus Petition filed on behalf of the respondent State. The order of which recall is sought was passed in presence of Mr. Mukesh Kumar Meena, the Sub Inspector, who was the Station House Officer, Police Station Khatoli, Kota (Rural). In the reply reference was made to the First Information Report No.154/2015 lodged by petitioner Ram Kalyan at the aforesaid Police Station on 22.09.2015 for offence under Sections 341, 323, 325 and 34 IPC, wherein charge-sheet bearing no.162/2015 was filed against Lalta Bai, Mamta, Bhawani Shankar Meena on 31.10.2015. Reference was also made to F.I.R. No.153/2015 for offence under Sections 341 , 323 , 324 and 34 IPC and therein also charge-sheet bearing no.168/2015 was filed on 11.11.2015. Pursuant to the reference received on her complaint filed under Section 156(3) of the Cr.P.C., F.I.R. No.142/2015 for offence under Sections 420, 467, 468 and 120B of the IPC was also registered and during investigation therein, statements of complainant and witnesses were recorded under Section 161 of the Cr.P.C . It was categorically stated that petitioner Ram Kalyan was arrested under Sections 107 and 151 Cr.P.C. on 17.10.2015. A mention was made of the fact that there was a dispute of land between petitioner Ram Kalyan and other persons and a Civil Suit No.106/2015 was filed on 30.07.2015 and since then it was pending in the Court of Additional District and Sessions Judge No.2, Kota. It was mentioned that Babu Lal was produced on 20.10.2015 before the Medical Board, M.B.M. Hospital, Kota, and after his medical examination, he was handed over to his family member Satyanarayan.
(3.) Satyanarayan happens to be son of Bhawani Shankar Meena, who is said to be brother of Babu Lal and also petitioner Ram Kalyan. The dispute appears to be as to who should retain the share of Babu Lal in the ancestral land, who is single and deaf and dumb. There are cross-cases between the parties. It is said that the civil suit has been filed by Satyanarayan on behalf of Babu Lal claiming to be his next friend, whereas petitioner Ram Kalyan approached this Court to claim the custody of Babu Lal. In that background, the Court called Babu Lal in person and ascertained his wishes, who by gestures explained that he wanted to live with petitioner Ram Kalyan and petitioner Ram Kalyan also assured to keep Babu Lal to the best of his capabilities.;