CHAND KHAN Vs. CHAND BAI

JUDGEMENT

(1.) THIS application Under Section 482 Cr. PC has been filed by Chandkhan and his father Karimji against the order of the learned Judicial Magistrate No. 3, Jodhpur, dated 24 -9 -1984 by which he has directed the issuance of a search warrant for the production of the minor child Insaf before him.

(2.) THE facts giving rise to this application briefly stated are that the petitioner Chandkhan is the husband of the non -petitioner Chandbai, who are both Mohammedan by caste. A son was born out of this wedlock in the year 1980. It is alleged by the wife Smt. Chandbai that on 25 -5 -1983 her husband Chandkhan turned her out from her house and had retained the child, namely, Insaf. Her case further is that Chandkhan is torturing Insaf and has wrongfully confined him to the house, does not allow him to go out even to the school and although the child is keen to meet his mother, he is being deprived from her custody and is not allowed to meet her. She therefore moved an application Under Section 97 of the Criminal Procedure Code before the learned Judicial Magistrate No. 3, Jodhpur. The learned Magistrate issued notice to the opposite party and after making an enquiry on the basis of the affidavits, came to the conclusion that the manner in which the child Insaf was kept by Chandkhan amounted to his wrongful confinement and, therefore, he directed a search warrant to be issued for his production.

(3.) I have heard the learned counsel for the parties and have gone through the record.