IBRAHIM SUMAR RAYSHI Vs. SULEMAN SALE RAYSHI

JUDGEMENT

(1.) THE petitioner has filed this Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 ("the Code" for short) and challenged the judgment and order dated 10th April 2003 passed by the learned Additional Sessions Judge, Gandhidham-Kutch, in Criminal Revision Application No. 7 of 2003.

(2.) THE petitioner was married to one Jenabai Suleman Rayshi, daughter of respondent No. 1, but the petitioner allegedly did not allow his wife Jenabai to go to her parental house and did not allow her to meet her family members. Therefore, respondent No. 1 filed an application under Section 97 of the Code for issuance of search warrant in the Court of learned Judicial Magistrate First Class, Gandhidham-Kutch. The learned Magistrate by his order dated 4th February 2003 dismissed the application.

(3.) IT appears from the order-sheet that this Court [coram: Sharad D. Dave, J. ] by order dated 3rd May 2003 issued notice for admission, but this Court [coram: D. P. Buch, J. ] on 1st September 2003 passed the following order: "board shows that the contesting respondent is not served. Issue fresh notice of Rule returnable on 24/9/2003. " thus, it appears that the Court has issued Rule.