ORDER(ORAL)

12.02.2024

1) The petitioner has challenged order dated 20.06.2022 passed by Judicial Magistrate 1st Class, Sumbal, whereby, in an application filed by respondent against the petitioner under Section 97 of the Cr. P. C, search-cum-production warrant has been issued by the learned Magistrate in respect of minor son of the parties from the custody of the petitioner.

2) The facts leading to the filing of the instant petition are that the petitioner had entered into a wedlock with respondent in the year 2015 and out of the said wedlock, one male child, who was about five years old at the time of filing of this petition, was born. It appears that the matrimonial relationship between the parties got strained, which resulted in filing of petition by respondent/wife against the petitioner/husband under the provisions of Protection of Women from Domestic Violence Act, a suit for restitution of conjugal rights by respondent against the petitioner and a criminal complaint by petitioner against the father and other relatives of the respondent.

3) The respondent/wife filed an application under Section 97 of the Cr. P. C before the learned Judicial Magistrate 1st Class, Sumbal, seeking