ORDER

R.S. Garg. J. - This reference under Section 15(2) of Contempt of Courts Act, 1971, has been made by the Judicial Magistrate First Class, Dabra (Gwalior) for drawing contempt proceedings against Chandrabhan Singh, Station House Officer, Billuoa at present posted as Sub-Inspector Murar, District Gwalior.

2. The facts in nut-shell are that on 15-4-1998 one Matadeen made an application to the learned Judicial Magistrate First Class that the Station House Officer of police station, Billuoa within the jurisdiction of the Court had wrongly detained his two sons namely; Mahesh and Suresh for more than seven days. A report was called from the S.H. O. on 16-4-1998. Respondent Chandra bhan Raghuvanshi submitted to the. Court that Mahesh and Suresh were not kept in detention nor were in the lock-up of the said police station. Relying upon the affidavit of Matadeen, the said Judicial Magistrate First Class, issued a search warrant. The said search warrant was given to Shri Anil Parsowal, Advocate for its execution. The said Advocate went to make the enquiries and found that Mahesh son of Matadeen was lodged in the lock-up of the police station. The said Advocate, after executing the warr