G.M. LODHA, J.—Sharafuddin has filed this criminal misc. petition under S. 482, Cr. P. C. with the prayer that the orders dated 11.4.83 and 16.6.83 by which the bailable warrants were issued against him and he was asked to produce two children, should be quashed. 2. Shri Sittal Das, learned counsel has appeared for the petitioner-Shara-fuddin. Mst. Kanija Fatma is represented by Shri A. K. Gupta. Even though, repeated efforts were made to procure Shri Guptas attendance and the case was adjourned on 4.9.86 and 9.9.86, he has not appeared to contest this petition. 3. In brief, the facts leading to this petition may now be narrated. On 24.9.1982, Riyazudin s/o Sharafuddin filed a complaint before the police that his uncle, Rahisuddin alias Babu is married with Kanija Fatma of 22 years. This Kanija Fatma has been abducted by Taihir on 3.9 82 and Tahir wants to keep her as married wife. Rahisuddin was so much shocked and due to that, he committed suicide on 9.9.82 by jumping into well of Amar Akbari Masjid. Kanija Fatma is absconding. Ramganj police station registered a case and than investigation followed. Kanija Fatma was arrested with two children, namely, Sahila aged 7 years, and Ehatramuddin aged 8 years, in F. I. R. No. 302/82 registered for the offence under S. 380, IPC When Kanija Fatma and Mohd. Kanija Fatma is absconding. Ramganj police station registered a case and than investigation followed. Kanija Fatma was arrested with two children, namely, Sahila aged 7 years, and Ehatramuddin aged 8 years, in F. I. R. No. 302/82 registered for the offence under S. 380, IPC When Kanija Fatma and Mohd. Tahir were released on bail, these two children were given in the custody of harafuddin (petitioner) vide order dated 27.6.83 which reads as under: ^^27-6-83&,-ih-ih- mifLFkrA izkFkhZ dk odhy Qfrek mifLFkr nksuksa cPpksa dks Jh vCnqy eksfeu us isk fd;k vr% kjQqnhu eqyfte dks NksM+ izrhr gksrk gS o lqiqnZ fd;k tkrk gSA lqiqnZnkj ljQqnhu ftlus 98 lhvkj-ih-lh- ds v/khu U;k;ky; dh vkKk ls U;kf;d vfHkj{kk esa Hkstk x;k Fkk D;ksafd mldh vksj ls nksuksa cPpksa dks U;k;ky; esa isk dj fn;k x;k gSA vr% fjyht vknsk ls vfoyEc fHktk;k tk;s fd lqiqnZnkj ljQqnhu dks vfoyEc fjyht dj nsosA cPpksa dh duht Qkrek ds lqiqnZ dj fn;k x;kA ysfdu cPps tkus ds fy;s rS;kj ugha gS cPph jks jksdj dg jgh gS fd eSa ugha tkÅ¡xh rFkk xys esa pqUuh dk QUnk Mky dj dgrh gS fd eSa ej tkÅ¡xhA vkSj fcy[k dj jks jgh gS vkSj tkuk ugha pkgrh gSA NksVk cPpk Hkh fcy[k dj jks jgs gSA vCnqy eksfeu tks cPpksa ds pkpk yxrs gS muds lqiqnZ fd;k tkrk gSA lkFk gh vthtqíhu dks funsZk fn;s tkrs gS fd og cPpksa dk nknk kjQqnhu ds laj{k.k esa NksM+ nsA duht Qkfrek dks cPpksa ls feyus dh iwjh NwV gksxh vksj og vrso mldh dLVMh mldh ekrk Jhefr dfut Qkfrek dks nh tkrh gSA yM+dh kk;uk ftldh mez 7 o"kZ gksuk izrhr gksrh gS kk;uk fdlh gn rd viuh le> Hkh j[krh gSA U;k;ky; ds le{k isk fd;s tkus ij mls fcy[krs gq, jksdj dgk fd eSa esjh eka duht Qkrek ds ikl ugha tkuk pkgrh gWwA mlus ;g nks"kkjksi.k Hkh fd;k gS duht Qkrek esjs firk dks ejok fn;k gSA ,slk izrhr gksrk gS fd cPpksa ds pkpk rkÅ vkfn us cPpksa dks vius izHkko esa ysdj muls bl rjg dh ckr U;k;ky; esa dgyok;h gSA bl lUnHkZ esa dkuwu dh ekU;rk fcYdqy Li"V gSA D;ksafd bl mez ds cPpksa dh ijofjk o ns[kjs[k dh tqEesnkjh ek¡ ls vf/kd dksbZ ugha dj ldrkA bl czãk.M esa izR;sd cPps dk tks pkgs euq"; dk gks ;k tkuoj dk] ek¡ ls vf/kd lEeku dksbZ ugha gSA vr% leLr rF;ksa dks eísutj j[krs gq;s nksuksa cPpksa dk laj{k.k ekrk duht Qkrek ;fn cPpksa esa egÙo Qkrek ;fn cPpksa esa egÙo iSnkdj lds rks dkuwuh :i ls og vkt Hkh laj{kd gSA rFkk fyxy dLVMh ek¡ duht Qkrek ds ikl jgsxhA cPpksa dks ,d ckj j[krs oä vUrfje vknskikfjr fd;k tkrk gSA cPpksa ds jksus o :nu ds izR;{k nkk xokg fuEu vfHkHkkodx.k gS%& ¼1½ Jh khrynkl th ,l-Mh- eSus nksuksa cPpksa dks izkIr fd;kA ¼2½ Jh ckcwyky kekZ ,l-Mh- ¼3½ Jh mLekua [kkath ,l-Mh- ¼4½ Jh kkgcqíhu xksjh ¼5½ jh eks- fljktqíhu nksuks cPpksa dks ljQqnhu ds laj{k.k esa nsus ds fy;s cPpksa ds pkpk Jh vCnqy eksfeu dks lqiqnZ fd;k x;kA i=koyh ckn rdehy nkf[ky nrj gksA vknsk lquk;k x;kA ,lMh 27-6-83 U;kf;d eftLVªsV izFke oxZ Øe&1] t;iqj uxj] t;iqj 4. Later on, criminal case was investigated but it was found that Kanij Fatma has gone at her free will and, therefore, no case is made out. Consequently final report was given and accepted by the court. After that acceptance, application was moved by Kanij Fatma 16.3.83 for giving back custody of the two children. 5. On this, certain proceedings were started and ultimately bailable warrants were issued. 6. Shri Shittal Dass principal argument is that the custody of the two children were given by the police and once the Magistrate is functus officio as the final report has been given then mother of the children should approach the competent civil court for their custody either under Guardianship and Wards Act or, the personal law. as advised. 7. I am handicapped in considering this application because no one has appeared on behalf of the mother inspite of my best efforts to get assistance. The order dated 27.6.83 shows that the children were not prepared to go with the mother even though the court wanted to send them with the mother. The Magistrate has mentioned in the order that the legal guardian would be mother Kanij Fatma and it would be for the mother to create condition, where the children want to come to her. Obviously, the present one is a case, where the allegation is that father died by committing suicide on account of infidelity of Kanij Fatma who eloped with Rahisuddin alias Babu. The children were greatly aggrieved by this action of mother and, therefore, were not prepared to go with the mother. 8. Be that as it may, when the criminal proceedings have ended and the final report has been accepted, it would not be new in the interest of justice to drag these proceedings for getting children from the custody of the petitioner, Sharafuddin and than deciding the question where these children should go now. It should not be forgotten that the order was passed on 27.6.83 and since then both the children are with Sharfundin, mother Kanij Fatma is always at liberty to move application for getting custddy because the Magistrate had held her to legal guardian. As and when an application is moved, question of legal guar-dinship would be decided and at that time the interest of children would also be considered and, views and opinions of the children would be taken by the civil court. As and when an application is moved, question of legal guar-dinship would be decided and at that time the interest of children would also be considered and, views and opinions of the children would be taken by the civil court. 9. I am convinced that the dragging of these proceedings in criminal court is an off-suit of the main case would not be expedient in the interest of justice. 10. Consequently, the impugned order for calling upon Sharfuddin by bailable warrant, dated 16.8.83 to produce the children is quashed. It is, however made clear that this would not be interpreted to mean that this court has approved the order for giving custody to Sharfuddin. This question would be decided by competent civil court after taking evidence of the parties and according to the personal law and the relevant law applicable in the case. 11. In the net result, this application is accepted, as indicated above.