RAM CHANDRA Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) This criminal misc. petition under section 482 CrPC has been filed by the petitioner for questioning the maintainability of the proceedings initiated at the instance of the respondent No.2 - wife of the petitioner under section 97 CrPC with a prayer for searching of his son, who alleged to have been wrongfully confined by the petitioner.

(2.) It is noticed that in the said proceedings under section 97 CrPC on 17.12.2012, the S.D.M., Bhadra issued a search warrant for recovery of minor son of the respondent No.2. The petitioner has challenged the said order by way of filing S.B.Cr.Misc. Petition No.16/2013 before this Court and a Co-ordinate Bench of this Court on 26.07.2013, while quashing the proceedings under section 97 CrPC, pending in the Court of S.D.M., Bhadra, disposed of the petition with certain directions to the petitioner as wel as to the S.D.M. and the police authorities. The order dated 26.07.2013 passed by the Co-ordinate Bench of this Court is reproduced hereunder:

(3.) It appears that the petitioner has not furnished affidavit before the S.D.M. to the effect that he is ready to live with the respondent No.2 in a separate house and would also provide proper security to her, as per the directions given by this Court on 26.07.2013. The S.D.M., after observing this fact, has reopened the proceedings initiated under section 97 CrPC by passing the following order: