SYED SIDDIQ AHMED Vs. STATE OF A.P.

JUDGEMENT

(1.) The reversing of the order of the learned I Additional Judicial First Class Magistrate, Nizamabad in Crl.M.P.No.2372 of 2009, dated 22.12.2009, through orders in Crl. Revision Petition No.5 of 2010, dated 20.07.2010 by the II Additional Sessions Judge [Fast Tract Court (FTC)], Nizamabad is assailed by the respondent before the learned Additional Judicial First Class Magistrate.

(2.) The petitioner was the respondent in Crl.M.P.No.2372 of 2009 and Crl. Revision Petition No.5 of 2010. His wife is the petitioner in Crl.M.P.No.2372 of 2009 as well as in the Crl. Revision Petition No.5 of 2010.

(3.) The wife and the husband are estranged spouses. They have two sons in Syyed Arsalan and Syyed Amaan. The children were staying with their mother. It is the case of the wife that on 14.06.2009, the husband allegedly visited the house of the parents of the wife and took away the elder child-Arsalan, who was playing in front of the house. Alleging that the same was tantamount to illegal confinement, the wife filed a petition under Section 97 of the Criminal Procedure Code (Cr.P.C., for short) to issue a search warrant for the production of the minor Syyed Arsalan before the Court. The learned I Additional Judicial First Class Magistrate, Nizamabad held that the Court was not entitled to go into the disputed question as to who among the wife and the husband is entitled to the custody of the minor child.