Biological father cannot be booked for kidnapping a child in absence of legal prohibition: HC
Mumbai (PTI): A biological father cannot be booked on charges of kidnapping his child in the absence of legal prohibition, the Nagpur bench of the Bombay High Court has ruled, quashing an FIR registered against a 35-year-old man.
A division bench of Justices Vinay Joshi and Valmiki SA Menezes in its order of October 6 noted that in the absence of any prohibition by order of any court, the father was a lawful guardian along with the mother and hence he cannot be booked for taking away his own minor child from the custody of the mother.
The order was made available on Thursday.
"The expression Guardian' encompasses any person who cares for a minor. Therefore, in our view, in the absence of a legal prohibition, a father cannot be booked for the offence of kidnapping his own child," the court said.
It added that the effect of the biological father taking away the child from the custody of the mother only amounts to taking the child from the custody of one natural guardian to another.
The bench quashed the FIR (first information report) registered against the man, on a complaint by his estranged wife, with the Amravati police for allegedly kidnapping their three-year-old son on March 29, 2023, noting that continuation of such prosecution would amount to abuse of process of the court.
In his petition seeking for the FIR to be quashed, the man said he was the child's father and natural guardian and hence he cannot be booked on charges of kidnapping.
The court referred to the definition of natural guardian of a minor under the Hindu Minority and Guardianship Act and said for a Hindu minor, the father is a natural guardian and after him, the mother.
"It is abundantly clear that the father is a natural guardian of the minor. It is not a case that the mother (of the child) was lawfully entrusted with the care or custody of the minor by an order of any court," HC said.
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Minister Patil chairs industry meetings to chart growth for key sectors in Karnataka
Bengaluru (PTI): Karnataka Minister M B Patil on Tuesday chaired meetings with industry representatives from the aerospace and defence, machine tools, auto/EV, and green energy sectors to discuss sector growth and government support measures.
The meetings were attended by leading industrialists and their representatives, with some participating virtually.
Speaking on the occasion, the minister for Large and Medium Industries said Karnataka is at the forefront of the country’s aerospace and defence sectors.
He noted that Suzuki and Toyota plan to launch aerial taxi services in Japan by 2028, with Bengaluru-based Sasmos supplying electrical equipment for the project.
Industrialists suggested introducing similar “fly-taxi” services in Karnataka through an appropriate policy, which Patil said would be examined seriously.
The minister highlighted the need to establish testing centres and Common Facility Centres for the aerospace and defence industries and assured that these facilities would be provided.
Suggestions were also made to prepare a comprehensive roadmap for sector growth.
Karnataka has urged the Central Government to approve Defence Corridor projects in the Bengaluru North–Kolar–Chikkaballapur and Dharawada–Vijayapura–Belagavi regions.
Industrialists also suggested a corridor between Bengaluru and Mysuru, Patil said.
He said Karnataka aims to become a hub for defence electronics manufacturing, with plans to establish a 200-acre Defence Electronics Park and a 100-acre Avionics and Sensor Park.
These projects will be implemented once the Special Investment Region is operational, and land availability will not be an issue.
On the machine tools sector, Patil said the industry has recorded an annual turnover of Rs 36,500 crore and is witnessing steady growth.
Large-scale exhibitions have increased demand, and the state must strengthen its capabilities to develop control systems for heavy machinery. One testing unit is already operational in Bengaluru, with another planned for Tumakuru. Expansion of vocational training institutes in industrial areas is also underway.
In the Auto and EV sector, Vision Group members highlighted the need for a network of dry ports and more EV charging stations across the state.
Patil noted that the Tata Group is manufacturing EV buses in Dharawada for nationwide supply. Plans for mini excavator production and export facilitation were also discussed, along with the establishment of a testing facility for two-wheeler EVs.
For the Green Energy sector, the group emphasised the need for a suitable policy on battery-based energy storage and the establishment of data centres.
Patil assured that the government will seriously consider all suggestions and respond positively.
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