1. Kulwant Kaur has filed this peti tion under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter called the Code) for quashing the order dated 29/10/1993 passed by Shri Dharam Dutt, Sub-Divisional Magistrate, Amritsar, by which order the peti tioner has been ordered to be detained in State Protective Home, Basti Gujan, Jalandar. Briefly stated the facts of the case are that one Kashmir Singh filed an application under Section 97 of the Code for the search of Kulwant Kaur stating that Kulwant Kaur had been wrongly detained by Pappu S/o Sunder Singh Comrade resident of Shaheed Udham Singh Nagar, Amritsar. On the application of Kashmir Singh, search warrants were issued under Section 97 of the Code. Kash mir Singh applicant, Mohanjit Singh alias Pappu and Kulwant Kaur petitioner, who was in police custody appeared before Sub-Divisional Magis trate, Amritsar, on 29/10/1993. All the parties present were heard and it was admitted by all the parties that Kulwant Kaur petitioner is wife of Mohanjit Singh alias Pappu and Kashmir Singh has filed a false application claiming that Kulwant Kaur is his wife. After hearing learned counsel for the parties, it was held by the