ORDER

1. Heard learned counsel for both the parties and perused the material produced before us. This writ petition is filed by Mrs. Anjali Anil Rangari, the mother of two minor children, namely, Miss Yutika Rangari (daughter) and Master Shankar Rangari (son) aged 9 and 5 years respectively. This petition arises out of an order dated 10-3-1997 passed by the Chief Judicial Magistrate, Nagpur on an application dated 10-3-1997 moved by Anil Kripasagar Rangari, the respondent and father of the minor children, under Section 97 of the Criminal Procedure Code. On the very same day the learned Chief Judicial Magistrate issued a warrant to produce the children before the Court in order to decide "about their future custody". It was averred in the application by the father that the mother, the petitioner herein left the matrimonial home on 4-3-1997 along with two children for Delhi where her parents reside, without informing him as well as his parents. The children were in illegal custody and were in wrongful confinement of the mother. Since their exams were approaching some time in the last week of March 1997, the father, the respondent prayed that warrant be issued urgently to produce the