Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22190 of 2019 Petitioner :- Maneka @ Monti Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gopal Verma,I.K. Chaturvedi(Senior Advocate) Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Sri I.K. Chaturvedi, learned Senior Counsel, assisted by Sri Gopal Verma for the petitioner, Sri Brijesh Sahai, learned Senior Counsel assisted by Sri Amit Daga, learned counsel for the informant and Sri A.K. Sand, the learned A.G.A.
This writ petition has been filed for seeking a writ of mandamus directing the Jail Superintendent, Muzaffar Nagar allowing the stay of minor child Abhiraj @ Manan in Jail premises along with petitioner and also transfer of investigation from civil police to CB CID or any other investigating agency.
Sri I.K. Chaturvedi, learned Senior Counsel, assisted by Sri Gopal Verma, in all fairness submits that he is willing to fore-go Clause-'B' of Prayer Clause, to which Sri Brijesh Sahai, learned Senior Counsel for the informant assisted by Sri Amit Daga, has no objection.
The dispute in the present petition is as to who between the petitioner (real mother) or the family of the deceased husband is entitled to the custody of a minor son (3 years 9 months). The petitioner, a real mother, is presently in jail, as an accused in connection with FIR dated 29.7.2019 registered as Case Crime no. 0224 of 2019, under Sections 395, 323, 307, 364, 506, 147 IPC, P.S.
Meerapur, District Muzaffar Nagar.
The obvious contention of Sri Chaturvedi, learned Senior Counsel for the petitioner is that the petitioner being the natural mother of the child under law is entitled to have his custody. He further submits that paragraph-362 of the U.P. Jail Manual also acknowledges such a right.
Sri Brijesh Sahai, learned Senior Counsel appearing for the informant initially sought to oppose the petition on the premise that on an earlier occasion, a writ petition (Crl. Misc. Writ Petition no. 21251 of 2019) filed by the 'Mausi' (mother's sister) of the child had come to be dismissed as withdrawn without any liberty, but the instant petition at the behest of the petitioner is not maintainable.
We are of the considered view that the dismissal of the first writ petition would not be an impediment for the present petitioner (a real mother) to maintain this petition, as apparently they are two different individuals. Admittedly the child is presently in custody of his mausi - Chitra Sharma.
Considering the facts and circumstances of the case, the ends of justice would be met if the writ petition is disposed of with the following directions:
In the event the petitioner files an application along with a certified copy of this order before the CJM, concerned through the Jail Superintendent, concerned relating to grant of custody of the minor child, the learned CJM, shall thereafter pass appropriate orders in accordance with law.
We further direct the SSP, Muzaffar Nagar to ensure adequate protection, while ensuring compliance of this order.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 30.9.2019 N.S.Rathour