GIRISHBHAI HARISHBHAI CHHATWANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present Criminal Revision Application, the applicant has prayed to quash and set aside the judgment and order dated 17.06.2014 passed by the learned 8th (Ad-hoc) Additional Sessions Judge, Junagadh in Criminal Revision Application No.40 of 2014.

(2.) Heard Mr.Viral K. Shah, learned advocate for the applicant, Mr.Dipal R. Ravaiya, learned advocate for the respondent No.2, and Ms.Jirga Jhaveri, learned APP for the respondent No.1 State.

(3.) While admitting this matter on 01.07.2014, Interim relief in terms of para 8(C) of the main application was granted whereby, implementation, operation and execution of the impugned judgment and order dated 17.06.2014 passed in Criminal Revision Application No. 40 of 2014 by the learned 8th (Ad-hoc) Additional Sessions Judge, Junagadh was stayed. By such impugned judgment and order, the Sessions Court has directed the present applicant to handover the custody of his minor son Jeky, aged two and half years to respondent No.2 herein by setting aside the order dated 19.05.2014 passed by the Chief Judicial Magistrate, Junagadh in Criminal Misc. Application No.213 of 2014. Such proceedings was arising from the said Criminal Misc. Application No.213 of 2014 preferred by the present respondent No.2 under section 97 of the Criminal Procedure Code requesting the Court to issue search warrant against her minor son namely Jeky. The Sessions Court has observed that if the applicant herein fails to handover the custody of the minor son as aforesaid, then the trial Court is at liberty to initiate further action against the applicant herein. Therefore, the basic issue in this litigation is with reference to the custody of minor Jeky, aged about two and half years whose father is present applicant and present respondent No.2 is his mother.