CRM-M-6692 of 2009 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM-M-6692 of 2009 DATE OF DECISION: 20.7.2009 **** Saudagar Singh and another . . . . Petitioners VS. State of Punjab . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.Sanjay Jain, Advocate for the petitioner. Ms.Rajni Gupta, Addl. A.G. Punjab for the State/respondent. Mr.Chaman Lal, Advocate for the complainant. **** RAKESH KUMAR JAIN J.(ORAL) Learned counsel for the petitioners was directed to disclose the date on which the husband of the complainant and her son Gurjot Singh travelled from India to America. Learned counsel for the petitioners submits that both of them left India for America on 8.2.2009. However, learned counsel for the petitioners argues that the petitioners are the Jeth and Nanad of the complainant. The offence, if any, was committed by the husband, namely, Bhupinder Singh. He further submits that if a child is kidnapped is minor and below the age of 16 years if he is male or below the age of 18 years if she is female and is kidnapped CRM-M-6692 of 2009 - 2 - from lawful guardianship, no offence of kidnapping is made out in view of second exception of Section 361of IPC, if the child is in the custody of a person who is in good faith believes himself to be entitled to lawful custody of such child, unless such act is committed for an immoral or unlawful purpose. He also cites a decision of the Supreme Court in the case of “Chandrakala Menon Vs. Capt. Vipin Menon” 1993(2) RCR (Criminal) 5. Learned counsel for the petitioners submits that pursuant to the order dated 10.3.2009, petitioners have joined the investigation. Learned counsel for the State/respondent, on instructions received from HC Mahadev Singh, admits the fact as stated by the counsel for the petitioners. In view of the above, order dated 10.3.2009 is hereby made absolute. It is directed that the petitioners shall join the investigation as and when required and shall abide by the conditions as envisaged by Section 438(2) Cr.P.C. Petition is disposed of. (RAKESH KUMAR JAIN) JULY 20, 2009 JUDGE vivek