( 1 ) THE revisional application filed by the petitioners is directed against the order dated 7. 12. 06 passed by the learned Judicial Magistrate, 2nd Court, tamluk in C. R. Case No. 663 of 2005 thereby issuing search warrant against the petitioners for the recovery of the minor son of complainant. O. P. No. 2 from their custody. When the petitioners moved the revisional application in this Court on 21. 12. 06 this Court directed stay of the impugned order dated 7. 12. 06 passed by the learned Magistrate and being aggrieved by the said interim order the O. P. No. 2 complainant has filed an application for vacating the interim order being CRAN No. 153 of 2007. As the facts and points of law involved in the revisional application and the application being CRAN No. 153 of 2007 are identical, I intend to dispose of both the revisional application and the application for vacating the interim order by this common judgment and order.

( 2 ) MR. Subir Ganguly, the learned Advocate for the petitioners submitted that in the present matter provisions of Section 97 of the Code of criminal Procedure (in short the Code) have no manner of application. The minor son of the O. P. No. 2 is in custod

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