Madhya Pradesh High Court
Vikas Hardia vs Kavita Hardia on 16 May, 2019
-1- MCRC No.20052/2019
HIGH COURT OF MADHYA PRADESH,
BENCH AT INDORE
MCRC NO.20052/2019
16.05.2019 (INDORE):
Shri Anurag Baijal, learned counsel for the applicant.
Shri Yogesh Gupta, learned Govt. Advocate for the
State.
Let notice be issued to respondent No.1 on payment of
PF within 7 days.
Heard on IA No.3790/19, an application seeking direction to respondent No.2 not to take any coercive action against the petitioner till the final outcome of the investigation.
As per the prosecution story a case under section 363 IPC has been registered on the basis of a complaint filed by respondent No.1 Kavita Hardia against the applicant, who is the husband of the complainant. The allegation is that applicant has kidnapped two kids of the duo.
Learned counsel for the applicant has referred to a citation in the case of Khyali Ram & others vs. State of U.P and another 1971 CRI.L.J 1365 in which it has been held that when the husband gets the possession of his kids it cannot be considered to be kidnapping within the purview of section 363 of the IPC. In para-5 of the said judgment it has been further held that father being the natural guardian of a -2- MCRC No.20052/2019 Hindu minor cannot be held to have committed an offence of kidnapping by removing his minor son from the custody of the mother.
Learned counsel for the State was also heard. On due consideration, application is allowed and it is directed that there shall be no coercive action against the applicant till the next date of hearing.
Matter be listed after summer vacation. C.c as per rules.
(SHAILENDRA SHUKLA) JUDGE Digitally signed by Hari Kumar Nair Date: 2019.05.16 17:57:10 +05'30' hk/