ANIL BABURAO ANGALWAR Vs. CYUTHIA BERNARD SAMUEL

JUDGEMENT

(1.) Rule. Heard finally with consent of parties.

(2.) This is a petition under Article 226 of the Constitution of India for quashing the order passed by the Judicial Magistrate (First class) , Nagpur under section 97 of the Code of Criminal Procedure.

(3.) The facts giving rise to the petition are as follow : the petitioner and respondent no. 1 are husband and wife. They have a child aged 3 years. The relations between the husband and the wife are strained. They are, therefore, living separately. The relations were so strained that even report was required to be filed in the Police station. Offence under Sections 323, 504 and 506 were registered by the present respondent. In that incident, it is alleged that Rishi - a child, was forcibly taken away by the present petitioner. After the report was lodged, the child was handed over in custody of the other i. e. the respondent. On 10-1-2007, while the respondent was absent, the petitioner came there and again took away the child forcibly and illegally. It is also alleged that the petitioner's mother is a boot legger and it is not desirable to keep the child in the custody of the petitioner. With these allegations, an application under section 97 of Cr. P. Code was filed before the judicial Magistrate (F. C). The Judicial magistrate (F. C. ) issued a search warrant and the child was produced before the court. The child was handed over to the respondent-wife. Being aggrieved by that order of issue of search warrant, this writ petition has been filed.