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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Keshaba Chandra Sahoo – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. background of custody dispute over a child. (Para 2 , 3) |
| 2. arguments regarding issuance of search warrant. (Para 5 , 6 , 7 , 11) |
| 3. analysis of section 97 of cr.p.c. (Para 8 , 10 , 12) |
| 4. conditions for exercising power under section 97 cr.p.c. (Para 9) |
| 5. conclusion and order to remand matter for fresh hearing. (Para 13 , 14) |
ORDER :
2. The petitioner questions the correctness of order dated 28.02.2022 passed by learned Sub-Divisional Magistrate, Kuchinda in CMC No. 70 of 2022 whereby a search warrant was directed to be issued to produce before him a child said to be kept under wrongful confinement of the petitioner.
4. Heard Mr. S. Dwibedi, learned counsel for the petitioner, Mr. Pabitra Kumar Nayak, learned counsel appearing for the opposite party no.2 and Mr. P. Tripathy, learned Additional Standing Counsel for the State.
6. Mr. P. Tripathy, learned Additional Standing Counsel submits that the power under Section 97 of Cr.P.C is not required to be exercised after issuing notice to the other side. According to Mr. Tripathy, this is an emergent provision to be invoked immediately upon receipt of the complaint regarding wrongful confinement and therefore, it would no
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