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1969 Supreme(Del) 86

I.D.DUA
BANARSI – Appellant
Versus
NEELAM – Respondent


( 1 ) THESE two revisions (Criminal Revisions Nos. 413 and 414 of 1968) have been placed before me pursuant to two orders made by a learned Additional Sessions Judge on 1-8-1968. In Criminal Revision No. 413 of 1968, It Is recommended by the learned Additional Sessions Judge that the search warrants issued under Section 100, Criminal Procedure Code by Shri Gorakh Ram, Sub- Divisional Magistrate, for the recovery of the child from Smt. Neelam, the child s mother, at the instance of Shri Banarsi Lal, the child s father, is unsustainable in law and should be quashed.

( 2 ) IN Criminal Revision No. 414 of 1968, the learned Additional Sessions Judge has recommended that the order made by the same learned Sub-Divisional Magistrate on 12-2-1968 to the following effect,

"perused the papers of the file and heard the -learned counsel for the complainant. I am satisfied that there exists an apprehension of breach of peace from the respondents Narinder Nath Kohli, Smt. Neetam, Smt. Lila Kohli and Smt. Bhagwati Kohli. Issue summons for their appearance on 27-2-68. The notice u/s. 107/112 Criminal P. C. be also sent along with the summons. "is unsustainable in law and deserves to be set aside. Ac



















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