Varun Chandra Thakur, father of class-II boy Pradhuman Thakur, assailed the Punjab and Haryana High Court order staying the arrest of Ryan group CEO Ryan Pinto and his parents, Group's founding chairman Augustine Pinto and Managing Director Grace Pinto, in the murder case.
The appeal, filed through advocate Sushil Tekriwal, said the grant of interim protection against their possible arrest was illegal and unconstitutional and should be set aside.
The plea has made the Central Bureau of Investigation, which is currently probing the case, the accused and the Haryana government as a party.
It alleged that the September 28 order of the High Court granting interim bail was passed without hearing either CBI or the complainant's father.
Ryan Pinto and his parents had approached the high court, seeking anticipatory bail in connection with the killing of the class 2 student, who was found with his throat slit in the washroom of a school run by their group on September 8.
School bus conductor Ashok Kumar was arrested in connection with the crime the same day.
On September 25, the High Court had impleaded CBI as a respondent in the petition seeking bail for the three Ryan group trustees.
The Haryana government had recommended a CBI probe in the matter following massive outrage. The premier agency took over the probe on September 22.
The Pintos, who are based in Mumbai, had earlier approached the Bombay High Court as they apprehended arrest in the case after the school was accused of negligence in the death of the seven-year-old.
The Bombay High Court had rejected the transit anticipatory bail applications of the three trustees but granted them interim protection from arrest for a day to enable them to file an appeal.