Order :

1. Heard Learned Counsel for the parties.

2. Through this writ petition a direction in the nature of habeas corpus is sought by the petitioner for the purposes of securing the production and physical custody of the person of her newborn child (son) from her husband who is the respondent no. 4 and who is the father of the child.

3. The situation which has led the petitioner to approach this court with a petition for habeas corpus direction is the refusal and rejection of her petition made on 01/07/2022 to the Chief Judicial Magistrate, Sopore under section 97 of the Code of Criminal Procedure, 1973 (in short Cr.P.C, 1973) for issuance of search warrant for production of her child. The Chief Judicial Magistrate, Sopore, vide his order dated 13/07/2022, rejected her petition on the ground that as the child was unwell and being looked after by his father in terms of medical treatment from SKIMS Srinagar, so the custody of the child with the father was not amounting to an offence.

4. This writ petition was filed on 25/07/2022. The birth of child of the petitioner and the respondent no. 4 has taken place on 06/05/2022 which means that at the time of hearing and adjudication of thi