IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 37387 of 2007(A) -------------------------- PETITIONER: ------------ NAGAVALLY, AGED 22 YEARS, W/O.SANJAY, RESIDING AT MAMMALI PARAMBIL, MOHANAN'S HOUSE, MUPPATHODAM P.O. ALUVA. BY ADV. SRI.A.JAYASANKAR RESPONDENTS: ------------- JANASEVA SISU BHAVAN, REPRESENTED BY ITS DIRECTOR, SRI.JOSE MAVELY, SETTLEMENT HIGH SCHOOL, U.C.COLLEGE P.O., ALUVA - 683 102. BY ADV. SMT.P.A.ANITHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C). No. 37387 of 2007 ========================== Dated this the 14th day of January, 2008. JUDGMENT The petitioner (Nagavally) who is the mother of a 3 ½ year old female child seeks a direction to the Judicial First Class Magistrate-I, Aluva to dispose of Ext.P1 petition registered as Crl. M.P. No. 4552 of 2007 filed under Section 39 of the Juvenile Justice (Care and Protection of Children ) Act, 2000 seeking restoration of custody of the said female child to the petitioner. 2. The case of the petitioner can be summarised as follows:- On 19.05.2007 the Binanipuram police barged into the matrimonial home of the petitioner and arrested her husband Sanjay and forcibly took him along with the petitioner's 3 ½ year old daughter Sandhya presumably on same false complaint lodged by their neighbours. The police handed over custody of the petitioner's minor daughter with the respondent Janaseva Sisu Bhavan situated within the premises of the U.C. College, Aluva. Binanipuram police registered a case against the petitioner's husband and the said case was numbered as C.C. No. 369/2007 before the Judicial First Class Magistrate, N. Paravur alleging an offence punishable under Section 23 of the said Act against the husband of the petitioner. However, the CRL. M.C. NO. 37387/2007 : 2: JFCM as per Ext.P2 judgment dated 29.09.2007 acquitted the husband of the petitioner. Since the petitioner's minor daughter was still in the custody of the respondent-Institution, she approached JFCM-I, N. Paravur and filed C.M.P. No. 5001/2007 under Section 97 Cr.P.C for a search and production of the petitioner's minor daughter before the court. But, as per Ext.P3 order dated 02.11.2007 JFCM, Paravur disposed of the petition holding that since the child was kept in the custody of the respondent-Institution on the strength of the order dated 11.06.2007 in C.M.P.No. 2213/2007 passed by the J.F.C.M-I, Aluva, the petitioner was directed to move the said court for appropriate reliefs. Thereafter, the petitioner has filed Ext.P1 petition numbered as C.M.P. No. 4552/2007 before J.F.C.M-I, Aluva which has not been disposed of so far. 3. This Court called for a report from the JFCM-I, Aluva. As per the report dated 01.01.2008 JFCM-I, Aluva has submitted that C.M.P. No. 4552/2007 filed by the petitioner herein under Section 39 of the aforesaid Act on 28.11.2007 is still pending due to the failure on the part of the petitioner in taking steps for issuing notice to the respondent in spite of orders passed by the Magistrate. 4. The learned counsel appearing for the respondent-Institution has entered appearance and submitted that they have received a CRL. M.C. NO. 37387/2007 : 3: notice asking them to appear before J.F.C.M-I, Aluva on 18.01.2008 but they were not supplied with a copy of the petition. Any way, the counsel for the respondent-Institution has no subsisting grievance regarding the non supply of the copy of the petition since they have subsequently obtained a copy. Hence, both the petitioner herein as well as the respondent-Institution shall appear before the Magistrate on 18.01.2008 to which C.M.P. No. 4552/07 stands posted and shall co-operate for the further progress of the said petition. 5. The Magistrate shall conduct an enquiry and shall also meet the child and pass appropriate orders in accordance with law expeditiously and at any rate within four months of the date of receipt of a copy of this order. In case the Magistrate is unable to dispose of the matter within the aforesaid time limit, he shall submit a report to the registry of this Court through proper channel explaining the reasons for not adhering to the above time limit in disposing of the petition. This Crl. M.C. is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL. M.C. NO. 37387/2007 : 4: