BASHIR AHMAD MIR Vs. RUBEENA AKHTER

JUDGEMENT

(1.) Heard Mr. A. M. Dar, learned counsel for the husband-petitioner as well as Ms. Arifa Dar, learned counsel representing the wife-respondent.

(2.) By means of this Criminal Revision Petition, the petitioner has challenged the orders dated 29.10.2010 and 3.11.2010, passed by the learned Sub Registrar (Judicial Magistrate 1st Class), Srinagar (hereinafter referred to as the 'learned Magistrate') in file No. 55-W while entertaining the application under Section 100 Cr. P. C preferred by the respondent, whereby a search warrant was issued against the petitioner for search and production of the male child, namely, Shaban Ahmed Mir, aged about 3 (three) years (although as per School certificate dated 4.11.2010, as annexed to the revision petition, the date of birth of the child was shown as 6.8.2006) and subsequently, the custody of the child was handed over to the mother-respondent in the open Court giving liberty to the parties to approach the competent authority for guardianship of the child respectively.

(3.) As agreed to by the learned counsel for the parties and also keeping the issue raised herein in mind, this Court proposes to dispose of this revision petition at the admission stage.