1. THIS application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 is at the instance of the accused and is directed against the order dated March 8, 2010 passed by the learned Additional Chiefs Judicial Magistrate, Uluberia, District - Howrah in complaint case No. 12 C of 2010 thereby rejecting the prayer for cancellation of order dated January 12, 2010 in view of the provision under Section 70(2) of the Cr.P.C. and thereby directing the officer, Amta P.S. to hand over the baby to the wife/opposite party.

2. THE short fact is that the opposite party No. 1 is the married wife of the petitioner/husband. One child was born to them in the wedlock and that child, a daughter, is now seven years of age. THE wife left her matrimonial home and is now living in adultery with her brother-in-law (sister's husband). THE husband made several attempts to lead a normal conjugal life with the wife in vain. Thereafter on April 28, 2009, the wife took away all her ornaments, shari and other valuable articles and she left her matrimonial home with her brother-in-law. Then on July 25, 2009 when the minor daughter was returning from her school namely, Sishu Tirth