JUDGMENT :

(Susmita Phukan Khaund, J.) :

Heard Mr M Dutta, learned counsel for the petitioner and Ms S H Bora, learned Additional Public Prosecutor for the State of Assam. Also heard Mr P Kataki, learned counsel for the respondent Nos. 2 and 3.

2. The petitioner, Sohidul Ali @ Sohidul Islam has filed this application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC for short), read with Sections 397 and 401 CrPC seeking quashing of the order dated 09.06.2022, passed by the learned Chief Judicial Magistrate, Barpeta, in connection with Barpeta PS Case No. 1799 of 2019, granting interim custody of the petitioner's son to respondent No. 3.

3. The FIR unfolds exchange of a baby. The informant Abdul Mutalib Hussain’s wife is Najma Khanam-Respondent No. 3 herein. On 05.05.2019, as the informant’s (Respondent No. 2 for short) child was suffering from breathing problem, the child was admitted at NSCU in the evening and Form IR N 310 inborn was registered against the admission of the child. When the informant wanted to see his child again, he was not allowed to see his child and on the next date, i.e., on 06.05.2019 at about 11:00 a.m., the NSCU authority called him and handed