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2012 Supreme(Gau) 340

I.A.ANSARI
Piyush Chamaria – Appellant
Versus
Hemanta Jitani – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: G.N. Sahewalla, P. Bora, Md. Aslam, and Ms. M. Jain
For Respondents/Defendant: R.K. Agarwal, Z. Alam, M. Talukdar and B. Borah

ORDER

I.A. Ansari, J.

1. By order, dated 09-04-2008, passed in the Complaint Case No. 175C/2008, learned Additional Chief Judicial Magistrate, Tinsukia, while directing issuance of summons against the three opposite parties herein, who were arraigned, in the complaint, as accused Nos. 1, 2 and 3 respectively, further directed a search warrant to be issued, in terms of the provisions of Section 97 Cr.P.C., for recovery of the complainant petitioner's daughter, Shravya Chamaria, from the custody of the accused-opposite party No. 3, namely, Sri Deokinandan Bajaj, and directed the Officer-in-Charge of the Police Station concerned to execute the search warrant. However, as the search warrant was not executed on the ground that the child, in question, was within the territorial jurisdiction of the district of Nagaon, the learned Magistrate passed another order, on 18-04-2008, directing the search warrant to be issued to the Superintendent of Police, Nagaon, for execution. Aggrieved by the two orders aforementioned, namely, the order, dated 09-04-2008, and the order, dated 18-04-2008, the accused-opposite party herein filed a revision petition challenging therein not only the said two order



















































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