Jyoti Songara vs State Of Rajasthan
2022 Latest Caselaw 1657 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 21/2022

Jyoti Songara W/o Shri Arvind Kumar, Aged About 30 Years, D/o Shri Mangi Lal, B/c Songara, R/o Road Number 6, Ward No. 7, Near Telephone Exchange, Padampur, District Sri Ganganagar (Rajasthan)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. The Station House Officer, Anoopgarh, District Sriganganagar (Rajasthan)

3. The Superintendent Of Police, Sriganganagar (Rajasthan)

4. The Deputy Commissioner Of Police, Dwarka, Sector Number 19, New Delhi.

5. The Additional Commissioner Of Police, Dwarka, Sector Number 19, New Delhi.

6. Arvind Kumar S/o Shri Kaptan Singh, Aged About 33 Years, B/c Chauhan, R/o 148A-149A, Fage First Gali Number 5, Durga Vihar, Deendarpur, Nafazgarh, New Delhi.

7. Nirmala Devi W/o Shri Kaptan Singh, Aged About 52 Years, B/c Chauhan, R/o 148A-149A, Fage First Gali Number 5, Durga Vihar, Deendarpur, Nafazgarh, New Delhi.

                                                                ----Respondents


For Petitioner(s)         :    Mr. Trilok Joshi (through VC)
For Respondent(s)         :    Mr. Mahipal Bishnoi, PP
                               Mr. D.S. Thind for                 Complainant
                               (through VC)



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                          Judgment / Order

02/02/2022

This criminal misc. petition under Section 482 CrPC has been

filed by the petitioner challenging the order dated 22.12.2021

(2 of 3) [CRLMP-21/2022]

passed by the Additional Sessions Judge (Link Officer),

Raisinghnagar, District Sriganganagar (for short 'the revisional

court'), whereby, the order dated 07.12.2021 passed by the Sub

Divisional Magistrate, Sriganganagar (for short 'the trial court')

has been stayed.

The petitioner has moved an application under Section 97-98

Cr.P.C. before the trial court with a prayer for issuing search

warrant for production of his minor son, whose date of birth is

11.08.2021. The trial court vide order dated 07.12.2021 has

issued a search warrant and directed the SHO, Police Station

Anoopgarh to produce petitioner's minor son before the trial court

on 13.12.2021. On 13.12.2021, the respondent Nos.6 and 7 have

put in appearance before the trial court through their advocate

and pray for some time to file reply to the application under

Section 97-98 Cr.P.C. The trial court while granting time has

further directed the SHO, Police Station Anoopgarh to comply with

the search warrant and fixed the matter on 20.12.2021. On

20.12.2021, the SHO, Police Station Anoopgarh has reported that

the search warrant could not be executed as the respondent Nos.6

and 7 have left their house along with the minor boy.

In the meantime, respondent Nos.6 and 7 had approached

the Additional Sessions Judge, Anoopgarh by way of filing a

revision petition, wherein the revisional court has stayed the order

dated 07.12.2021 passed by the trial court.

Having heard learned counsel for the parties and counsel for

the respondent Nos.6 and 7, I deem it appropriate to direct the

petitioner as well as the respondent Nos.6 and 7 to appear before

this Court on 7th February, 2022 at 10:30 AM.

(3 of 3) [CRLMP-21/2022]

The respondent Nos.6 and 7 are also directed to produce the

petitioner's minor son before this court on the next date of

hearing.

Learned Public Prosecutor is directed to file reply on behalf of

the respondent Nos.1 to 3 by the next date of hearing.

List the matter on 7th February, 2022 at 10:30 AM.

(VIJAY BISHNOI),J 1-Arun/-

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