1. The petitioner, mother of child Anmol Jaiswal, is before this Court assailing the order passed by the Sub-Divisional Magistrate, Ambikapur handing over custody of the child to respondent No. 5 in purported exercise of powers under S.97 of the Cr. P.C.

2. The petitioner was married with Ashok (since deceased) on 30-6-2007. Son Anmol, presently aged less than 7 years, was born from the wedlock on 14-4-2008. Ashok died at Kedarpur, Ambikapur on 29-10-2011. The petitioner, a young widow aged about 25 years, decided to remarry with Sanjay Choudhary. Respondent Nos. 5 to 7 moved an application before the Sub-Divisional Magistrate, Ambikapur under S.97 of the Cr. P.C. seeking search warrant, releasing boy Anmol from the captivity of his mother i.e. the petitioner and handing over his custody to them. In course of enquiry on the said application, the Magistrate found that the petitioner— s husband has not legally divorced from his previous wife and has two children from his first marriage and on this basis, he concluded that it will be for the benefit of the child if he remains in the custody of his grandmother and uncle, the respondent Nos. 5 and 6 respectively.

3. Learned counsel for th