NEHA GARCHA Vs. CAPTAIN SUKHINDER SINGH GARCHA

JUDGEMENT

(1.) Heard learned counsel for the petitioner. None appears on behalf of opposite party No. 1 on call. Perused the records.

(2.) Order dated 13.06.2012 passed by the learned Sub-divisional Magistrate, Sambalpur in Criminal Misc. Case No. 318 of 2012 under Section 97 of the Cr.P.C. directing issuance of search warrant to the LLC, Station B. Division, Police Station, Jamnagar, Gujarat to produce the child, Dhruv Singh Garcha, who is admittedly in the custody of the present petitioner, has been assailed in this revision.

(3.) Admittedly, the petitioner and opposite party No. 1 are wife and husband and the child, Dhruv Singh Garcha aged about 8 years is their son born out of their wedlock. It was alleged in the proceeding under Section 97 of the Cr.P.C. by opposite party No. 1 that on 30.03.2012 without giving any information the present petitioner went to her parents' place at Jamnagar along with the child and has never returned back to opposite party No. 1. It appears that opposite party No. 1 has also started criminal case alleging theft of valuable articles by the present petitioner, before the learned Sub-divisional Magistrate, Sambalpur and at the same time, the petitioner has also initiated maintenance case under Section 125, Cr.P.C. and also lodged F.I.R. against opposite party No. 1 for alleged commission of offences under Section 498-A/323/406/420 of the IPC. It was further alleged before the learned Sub-Divisional Magistrate by opposite party No. 1 that the petitioner has kept the child confined in her custody and not allowing opposite party No. 1 to have access to him. In the aforesaid circumstances, Sub-Divisional Magistrate has held that the petitioner is keeping the child forcefully, which amounts to wrongful confinement, which is an offence. Accordingly, he directed for issue of search warrant.