JYOTI SONGARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 CrPC has been preferred on behalf of the petitioner being aggrieved with the order dtd. 22/12/2021 passed by the Additional Sessions Judge (Link Officer), Raisinghnagar, District Sriganganagar (for short 'the revisional court'), whereby the revisional court while exercising the revisional jurisdiction has stayed the order dtd. 7/12/2021 passed by the SDM, Anoopgarh, District Sriganganagar (for short 'the trial court')-

(2.) Vide order dtd. 7/12/2021, the trial court has issued a search warrant on an application under Sec. 97/98 CrPC preferred by the petitioner before the trial court. In the aforesaid application, the petitioner has alleged that custody of her minor son, who was born on 11/8/2021 was forcibly taken by the respondent No.6 on 20/9/2021, who is her husband. It is also alleged by the petitioner that at present her minor son is in illegal confinement of the respondent Nos.6 and 7, so search warrant may be issued and her minor son be produced before the trial court.

(3.) Learned counsel for the petitioner has argued that pursuant to the search warrant dtd. 7/12/2021, the SHO, PS Anoopgarh, Distt. Sriganganagar went to Delhi, where the respondent No.6 resides, but the search warrant could not be served upon them as house of the respondent Nos.6 and 7 was locked. Again the search warrant was issued on 20/12/2021 by the trial court, however in between on 10/12/2021, the respondent No.6 has preferred a revision petition before the revisional court and in that revision petition, no notices were issued to the petitioner and on an application preferred on behalf of the respondent No.6, the Link Officer has taken up the matter and passed the impugned order dtd. 22/12/2021. It is submitted that before passing of the order dtd. 22/12/2021, no opportunity of hearing was given to the petitioner.