LAWS(KAR)-2018-3-469

RAZIYA Vs. STATE OF KARNATAKA

Decided On March 27, 2018
RAZIYA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C. with the following prayer.

(2.) The petitioner is the wife of respondent No.2 Riyazahamad Gudusab Attar. It is stated that their marriage was performed on 27.04.2014 as per the customary rites prevailing in the community. According to the petitioner, after the marriage she was ill-treated by her husband and her in-laws and hence, the parents of the petitioner brought her and the child to Gokak. On 007.2017 at about 11:00 a.m., the accused persons came to her parents' house and quarreled with the petitioner and forcibly snatched her minor child from her possession and went away threatening her.

(3.) The petitioner filed a private complaint before the Principal Judicial Magistrate First Class, Gokak on 12.07.2017. Along with the complaint, she moved an application under Section 97 of Cr.P.C., supported by her affidavit. The learned Magistrate by order dated 14.07.2017 issued search warrant as sought for by the petitioner under Section 97 of Cr.P.C to the PSI, Gokak Town Police Station. Pursuant to this order, the child, then aged about 13 months was produced in the open Court through WPC on 17.07.2017.