JUDGMENT

Sashikanta Mishra, J. - The petitioner is the wife of opposite party no.3. The opposite party no.2 is the child, who, it is claimed, was taken away forcibly by her father-opposite party no.3 from the custody of the petitioner when she was 2 and % years old. The other opposite parties are family members of opposite party no.3. The petitioner filed an application under Section 97 of Cr.P.C. before the Sub-Divisional Magistrate, Jajpur vide Criminal Misc. Case No. 1305 of 2021 for issuance of search warrant. By order dated 30.09.2021, learned S.D.M. issued a search warrant directing the IIC of Jenapur Police Station to search the house of the opposite parties and to produce the child before the Court. Subsequently, by order dated 26.10.2021, learned S.D.M., held that the child is in the custody of its father with the intervention of IIC of Ponda Police Station, Goa and therefore, the question of illegal confinement does not arise as he is the natural father and legal guardian. Again, the petitioner filed an application being Criminal Misc. Case No. 725 of 2022. By order dated 12.04.2022, the learned S.D.M., Jajpur rejected the application by holding that the self same dispute