Trial court placed burden on accused regarding case diary corrections, Missing pages. Convicted under section 302 IPC, seeks acquittal after confirmation by High Court.
Against the order passed by the Hisgh Court in a Writ Petition- No system of adoption of child in Mohammaden law. It is only Kafalah, in terms of which only custody can be given to another person, however, the child does not sever relations with biological parents – custody of a minor child in parens patriae jurisdiction – Time gap shows that the respondent No. 2 is not interested in custody of the child – Custody of the child cannot be given to the stranger- the custody of children is the welfare of children and not the right of their parents- when custody of the child was handed over to her, was un-married and is now married having two children will also not be a deterrent – the conclusion that best interest of the child still remains with the appellant No. 2 – Stability of the child is also of paramount consideration- appeal is accordingly allowed.
Unless the case diary and the remand report is transmitted to the Magistrate he would not be able to apply his mind effectively for remand – Practice for decade surrendering before non-jurisdictional Magistrates is strange and dubious practice and severely deprecated – Roshan Beevi vs. Joint secretary (1983 MLW (cri) 289) cannot be applied to IPC offences – Remand would be effected even the Magistrate has no jurisdiction.
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