Oral Judgment :

Heard both the parties.

1. Rule.

2. Rule made returnable forthwith by consent of the parties.

3. The challenge in this petition is to the order dated 7th /9th January, 2022 passed by the learned Judicial Magistrate First Class, Bhusawal on an application filed by respondent no.1/wife of the petitioner under Section 97 of the Code of Criminal Procedure, issuing search warrant for respondent no.2 and 3, who are twin daughters of the petitioner and respondent no.1. It is alleged that respondent no.1 was driven out of the home in November, 2021 and since then she is residing at her parents’ house alongwith her daughters. It is alleged that on 01.01.2023, the petitioner under the pretext of meeting his daughters, had been to the house of parents of respondent no.1. From there, he took daughters and did not return back to her. It is for this reason, application under Section 97 of Cr.P.C. was filed. The learned J.M.F.C. passed order issuing notice to petitioner asking as to why search warrant not be allowed against him.

4. The learned Advocate for the petitioner submits that by now it is well established that provision of Section 97 of Cr.P.C. cannot be used for seeking custo