GIRIRAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this misc. petition under section 482 of Crimial P.C., 1973 against the order dated 21.10.2016 passed by Addl. District Magistrate (City-I) Jodhpur, as well as for quashing of proceedings pending before it in case No. 63/2016, whereby search warrant has been issued for securing the custody of children of the petitioner and respondent No. 2.

(2.) At the outset, learned counsel for the petitioner submits that section 97 of the Crimial P.C., 1973 is only issue to search warrant for a person wrongly confined. Admittedly, the petitioner is father of the children.

(3.) Learned counsel for the petitioner has stated that the respondent is also a mother and therefore, she has a right to have custody of the child and also to visit her child.