- (1.) The present case arises out of an application under Section 397/401 of the Code of Criminal Procedure read with Section 482 of the Code of Criminal Procedure 1973.
(2.) It is directed against the Order dated 23.11.2010 passed by the learned Sessions Judge, Hooghly in Criminal Motion No. 104 of 2010 setting aside the order dated 29.5.2010 passed by the learned Judicial Magistrate, Additional Court, Hooghly in Criminal Case No. 220 of 2010 under Sections 343/323 of the Indian Penal Code.
(3.) The relevant facts of the present case are, in a nutshell, as follows: The present petitioner/wife filed a petition of complaint under Section 343/323 IPC alongwith an application under Section 97 of the Code of Criminal Procedure for recovery of her child who was taken away from her custody by her husband. Accordingly, the said petition of complaint was registered as CR Case No. 220 of 2010. On the basis of the application under Section 97 of the Code of Criminal Procedure, the order was passed by the learned Magistrate, Hooghly directing the I. C. , Chinsurah P. S. for execution of the warrant to produce Ankush Chakraborty before the court. But the said order was not executed as the boy was not found when the Police Personnel went at the spot for execution of the said order of the learned Court. ;