VINOD GANDOTRA Vs. GEETA GANDOTRA

JUDGEMENT

(1.) THIS petition is directed against the order passed by Chief Judicial Magistrate, Jammu, whereby in proceedings under Section 100 of the Code of Criminal Procedure on a search warrant having been issued against the petitioners, custody of the Minor Ward was ordered to be delivered to the respondent.

(2.) AN application under Section 100 of the Cr. P.C. was filed by the Respondent on the allegations that she is the legally wedded wife of petitioner -1 -Vinod Gandotra and daughter -in -law of respondents 3&4. From this wedlock, parties have a child aged about six months old named Master Manik, who was born on 12.02.1998. Besides making allegations of cruelty and ill -treatment against her husband and other members of his family. It was stated that she was mercilessly beaten and was thrown away out of her matrimonial home. Respondent claimed that she was living with his brother Virender Sethi, but custody of the minor ward was retained by the petitioners and on asking, she as well as her brother, both were assured that ward would be restored to her very soon, because child was not restored, and complaints made by her to police did not bring any result, therefore, she was forced to file the application in question praying for issuance of a search warrant. It appears that before passing the final order on 14.08.1998, Magistrate below recorded his satisfaction regarding circumstances being there necessitating the issuance of search warrant. This was preceded by statement of the respondent that was recorded by the trial Court.

(3.) IN the afore said back -ground, search warrant was issued directing the Deputy Superintendent of Police, Police Station, Bakshi Nagar, Jammu to do the needful, pursuant to which minor was produced in the Court and vide impugned order, he was ordered to be handed over to the mother.