Can Police decide custody of a minor Child

[Hari]

Sir I want to know whether Police can decide custody of a minor child without order of a competent Court.

Also how a private person obtain sanction u/s 197 of CrPc to Prosecute an IPS officer and Other policemen who are accused of kidnapping (363) illegal arrest and confinement (342) forgery (judge took wrong IPC193 in actual it should have been 466/467/468/471) and criminal conspiracy (120b).

I am facing a counterblast case of 498a in which there is mention by her that my son is with them (inlaws) since yesterday.

Based on this on orders of SP my child was forcefully abducted and later on tampering was done in the hand written complaint.

I had filed Habeas Corpus and the Judge was taking the case in right direction but later on new judge simply dismissed the petition saying go to family Court.

When there is ample evidence on record about violation of Arnesh Kumar Judgement, tampering and kidnapping should I approach Supreme Ourt to punish the guilty and get my child back.

Please advise.

Thanks
Hari

[Dr. Ashok Dhamija]

Since your question relates to deciding the custody of a minor child between two parents, the answer is that such question should be decided by the court and not by the police.

A private person can seek sanction for prosecution of police officers by writing to the State Government (write to the Home Secretary) giving all detailed grounds.

If the high court has rejected your petition and you feel that you have sufficient evidence to support your stand, you can definitely approach the Supreme Court for pressing the criminal charges. However, for getting the custody of the child, you may approach the family court first.
     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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