Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 29768 of 2018 Petitioner :- Shalu Yadav And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yogesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 22.06.2018 registered as Case Crime No.516 of 2018, under Section 364 IPC, P.S. Naubasta, District Kanpur Nagar.
The allegation in the impugned first information report, which has been lodged by Incharge, Invigilator Child Line, Kanpur Nagar, is to the effect that, on 12.06.2018, an abandoned girl child was found in the Bushes with ants on her body. She was therefore, with the help of Chakeri Police Chowki, admitted in Gayatri Hospital. An information about her treatment at the concerned hospital was given by Child Line, Kanpur to Child Welfare Committee, Kanpur Nagar. On 15.06.2018, the Child Welfare Committee directed for placing the child in the care and custody of Subhash Children Special Adoption House. It is stated that when the team visited the hospital concerned, the petitioner (Shalu Yadav) resisted handing over the custody of the child and, without following lawful procedure for adoption of the child, retained the girl child. On the basis of the aforesaid allegations, the impugned first information report was lodged.
The learned counsel for the petitioners has submitted that there is no intention to either murder or sell off the girl child and therefore the offence punishable under Section 364 IPC is not made out. It has been submitted that since, admittedly, the child was an abandoned child, the offence of abduction/kidnapping is not made out and the first information report is liable to be quashed. It has been submitted that the petitioners are taking full care of the child and would treat the child as their own daughter.
Learned A.G.A., on the basis of the instructions received by him as also police papers, has informed the Court that after investigation, on 17.02.2019, the Investigating Officer has submitted a charge sheet not for offence punishable under Section 364 IPC but for offence punishable under Section 188 IPC and Section 80 of Juvenile Justice (Care and Protection of Children) Act, 2015. Learned A.G.A. has also pointed out that since the order of Child Welfare Committee had been violated, the offence punishable under Section 188 IPC is made out and therefore if the petitioners have any grievance, they may challenge the charge sheet in appropriate jurisdiction by taking recourse to appropriate legal remedy.
Having considered the rival submissions, keeping in mind that there is no prayer in this petition for legalizing the custody of the child, in view of submission of police report and there being no challenge to the police report, this petition has become infructuous. The petitioners are at liberty to challenge the police report by taking recourse to appropriate legal remedy in appropriate jurisdiction. Likewise, the petitioners are at liberty to move appropriate court or authority for legalizing the custody of the child, if so advised.
With the aforesaid liberty/observation, the petition is disposed off.
It is made clear that we have not expressed any opinion as regards the entitlement of the petitioners to retain the custody of the child.
Order Date :- 27.2.2019 AKShukla/-