AQEELA HASSAN Vs. GHULAM MOHAMMAD

JUDGEMENT

(1.) Petitioner no. 1, aged 44 years, a doctor by profession is at present posted as gynecologist at District Hospital Anantnag. Respondent no. 1 is husband of petitioner no. 1. Petitioner no. 2, aged 8 years, a student of Saint Lukes Convent School, Anantnag, is the daughter of petitioner no. 1 and respondent no. 1. It appears that marriage between the parties has run into rough weather and the petitioners after accompanying respondent no. 1 to Saudi Arabia had to return to Kashmir, because of differences with respondent no. 1 after a brief stay of 45 days. The petitioners complain that they were not allowed by respondent no. 1 to leave Saudi Arabia and it was only after the intervention of Consulate General of India, Jeddah (KSA) that the petitioners were able to leave Saudi Arabia and return to their native place. The petitioner no. 1 after her return took up her present assignment at District Hospital Anantnag.

(2.) Respondent no. 1 on 29 January 2010 filed an application under Section 100 Cr.P.C. in the court of JMIC Sub Registrar Jammu alleging therein that his wife and daughter- petitioners herein - were wrongfully confined by father and brother of petitioner no. 1 at Kadipora, Anantnag. The learned Magistrate taking cognizance in the matter on 29 January 2010 itself issued a search warrant under Section 100 Cr.P.C. addressed to SHO Police Station Anantnag directing the police officer "to conduct search of both the petitioners at Kadipora Anantnag, Kashmir, and to produce them before the court on 16th Feb. 2010." Learned Magistrate while issuing warrant under Section 100 Cr.P.C. also issued summons to the brother and the father of petitioner no. 1- respondents 3 and 4 in the application under Section 100 Cr. P.C.

(3.) The petitioners aggrieved of the order of JMIC Sub Registrar Jammu dated 29.1.2010 have approached this court with a petition under Section 561-A Cr.P.C. for quashment of the said order as also proceedings emanating from the application under Section 100 Cr.P.C.