Law: Criminal Procedure Code (V of 1898)

Section: 561A,491

Criminal Procedure Code (V of 1898)-------Ss. 561-A & 491---Inherent power of High Court---Matter of custody of children---Scope---Petitioner had filed Criminal Miscellaneous Application against the order passed by Additional Sessions Judge in habeas corpus petition for production of her minor sons, whereby the Court handed over the custody of minors to the applicant, however with some conditions---Petitioner contended that the conditions could not be imposed in the habeas corpus petition, therefore the impugned order was liable to be set-aside---Validity---In the present case, the applicant-mother filed habeas corpus petition before the Additional Sessions Judge and the custody of the minors/detenues was handed over to applicant subject to conditions that she would surrender her and her children's Pakistani and Canadian passports and also execute a P.R Bond in the sum of Rs.500,000/(Rupees Five Lac Only)---Applicant was further directed not to remove the custody of the minors/detenues from the territorial jurisdiction of the district---So far as the meeting of minors with their father was concerned, the applicant was directed to allow the father to meet with them on alternate days under the supervision of concerned SHO---Both the applicant and respondent were directed to approach the concerned Guardian Court to get custody of the minors---Now the father had applied for custody of the minors before the concerned Guardian Court---It was inappropriate for the Court under S.561-A, Cr.P.C, to encroach upon and arrogate itself the powers of a Guardian Court, which was the Court of competent jurisdiction under the law to decide all matters relating to custody of child(ren)---In the presence of an adequate remedy, the High Court was precluded from exercising jurisdiction under S.561-A, Cr.P.C---Purpose of filing present Criminal Miscellaneous Application had been served as the minors had already been produced before Additional Sessions Judge in habeas corpus Petition and custody had been handed over to the applicant; and conditions so imposed had already been lifted and were no more in the field, thus it could not be acted upon under the circumstances of the…