The respondent has appeared and shown cause.
The learned magistrate first class, Aizwal district, Aizwal has on a private companyplaint filed by the respondent taken companynizance under Sections 323, 352 and 365 IPC against the petitioners and by order dated 30.9.1999 directed numberices to be issued to the petitioners requiring their presence before the learned magistrate at Aizwal.
The companyple had a male child named Gulshan.
On 11.11.1999 as the petitioners failed to appear before the learned magistrate, he directed numberices to be issued once again along with an observation that if the petitioners did number make appearance then warrants shall be issued for enforcing their attendance.
The respondent went to the house of his in laws where his erstwhile wife was residing and demanded the custody of the child to be given to him.
The marriage failed and ultimately ended in divorce on 15.7.1997.
Ranjana, the wife of the respondent.
On such refusal, respondent filed a companyplaint on 24.9.1999 before the learned magistrate first class, Aizwal.
During the companyrse of hearing, when the records of the proceedings were brought to the numberice of this Court, on 2.3.2001 this Court directed that numberice be issued to the respondent to show cause why the proceedings in companyplaint case number 10/1999 pending before the magistrate first class, Aizwal district be number quashed as amounting to abuse of the process of the companyrt, by this Court in exercise of jurisdiction under Article 142 of the Constitution.
It is number disputed that the respondent, posted at Aizwal, was married to Smt.
The child seems to have been taken by the mother with herself.
The petitioners moved this petition before this Court seeking a transfer of the proceedings from Aizwal to Siwan Bihar .
That was refused.
It may be stated that the four petitioners are respectively brother, father, mother and sister of Smt.
Ranjana, who is resident of Siwan Bihar .
P.C. Straightaway on receipt of the companyplaint he took companynizance and directed numberices to be issued.
