Garg, J. -- 1. This reference under Section 15 (2) of Contempt of Courts Act 1971, has been made by the Judicial Magistrate first Class, Dabra (Gwalior) for drawing contempt proceedings against Chandrabhan Singh Station House Officer, Billuoa at present posted as Sub-Inspector Murar, District Gwalior.

2. The facts in nut-shell are that on 15.4 98 one Matadeen made an application to the learned Judicial Magistrate First Class that the Station House Officer of police station. Billuoa within the jurisidiction of the Court had wrongly detained his two sons namely; Mahesh and Suresh for more than seven days. A report was called from the S.H.O. on 16.4.98. respondent Chandrabhan Raghuvanshi submitted to the Court that Mahesh and Suresh were not kept in detention nor were in the lock up of the said police station. Relying upon the affidavit of Matadeen, the said Judicial Magistrate First Class, issued a search warrant. The said search warrant was given to Shri Anil Parsolwal, Advocate for its execution. The said Advocate went to make the enquiries and found that Mahesh son of Matadeen was lodged in the lock up of the Police Station. The said Advocate, after executing the warrant broug