ATANU CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) AT the instance of the opposite party/mother an application under Section 97 of the Code of Criminal Procedure was moved before the Court of Learned Executive Magistrate, Bidhannagar with a prayer for issuance of search warrant for recovery of her minor son aged about 4 years allegedly wrongfully confined by the present petitioner.

(2.) THE Learned Magistrate allowed such prayer and made the following order; Upon perusal of the petitioner, here the submissions of the learned advocate of the petitioner, considering the age of the minor child it is hereby ordered that,

(3.) THE impugned order has been passed by the Learned Magistrate in exercise of his power under Section 97 of the Code of Criminal Procedure. THE provisions of Section 97 of the Code is quoted below; Search for persons wrongfully confined. 97. If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.