IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 746 of 2011 with Stay Application No. 973 of 2011 Dhiraji Devi W/o Sri Shyamdhari R/o Karampur, P.O. Chakalua P.S.Kaladhungi, District Nainital ………………..petitioner Versus 1. State of Uttarakhand through Secretary Dehradun. 2. Ram Swaroop S/o Sri Puran Lal R/o Village Karampur ,P.O. Chakalua P.S.Kaladhungi, District Nainital 3. Smt Tulsi W/o Guddu R/o Karampur, P.O. Chakalua P.S.Kaladhungi, District Nainital ………….Respondents Shri Deepak Bisht, Advocate, present for the petitioner Smt. Mamta Bisht, A.G.A, present for the State. Hon’ble Prafulla C. Pant, J. Heard. (2) By means of this petition, moved under section 482 of 2 Code of Criminal Procedure, 1973, the petitioner has challenged the order dated 27.07.2011, passed by Civil Judge (Junior Division)/ Judicial Magistrate, Haldwani, whereby said court has directed that abducted girl named Tulsi (said to be minor) be kept in Nari Niketan. The petitioner has further challenged order dated 30th of July 2011 whereby said court has directed that custody of the girl be given to the parents of the girl, as she was found to be minor. (3) Petitioner Dhiraji Devi is mother of accused Guddu @ Narendra, who is said to have kidnapped/abducted the girl, and First Information Report No. 44 of 2011 was registered at police station Kaladhungi. Assuming for a moment that the petitioner's son Guddu @ Narendra got married to the girl, and further assuming that she was major, still the petitioner being mother in law has no right to claim the custody of the girl. (4) In the above circumstances, without prejudice to the rights of the parties, the petition under section 482 of Cr.P.C., is dismissed. (Stay Application No. 973 of 2011 stands disposed of). (Prafulla C. Pant, J.) Dt.14.09.2011 N.P 3