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2016 Supreme(Chh) 58

CHANDRA BHUSHAN BAJPAI
Soni Kashyap @ Lalli Kashyap W/o Pawan Kashyap – Appellant
Versus
Pawan Kashyap @ Soni, S/o Late Krishna Kumar Kashyap – Respondent


Advocates Appeared:
For the Applicant : Shri Parag Kotecha.
For the Respondent: Shri Dharmesh Shrivastava.

ORDER :

Chandra Bhushan Bajpai, J.

Heard on admission.

2. Brief facts required for adjudication of the instant Cr. Revision are that the applicant and the respondent are husband and wife. Out of their wedlock, a son and a daughter now, who are aged about 7 years and 5 years, have born. On 7.1.2015, the applicant had filed an application before the City Magistrate (Executive Magistrate), Bilaspur (CG) unders 97 and 98 Cr.P.C. wherein she prayed that the respondent is not taking care for School education of both the children and also he was beating the applicant and the applicant anyhow arranged for the School fee and deposited the same. It is alleged that the respondent is in a habit of consuming liquor. The applicant wants to keep the son and daughter with her and she is under suspicion that the respondent may send the son and daughter at a place where it will be difficult for her to trace them, if no timely action is taken. By filing the said application, the applicant prayed that a search warrant be issued for the search of the son and daughter and also they be given in her custody. The concerned City Magistrate has registered the case as Case No. 165/2015 and initiated the proceedi












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