- (1.) This revisional application has been preferred under Section 482 of the Cr.P.C. praying for quashing of a proceeding of G. R. Case No. 901 of 2006 corresponding to Baruipur P.S. Case No. ;214 dated 12.9.2006.
(2.) Case of the petitioner is that opposite party No. 2 was married with petitioner as per Muslim rites. But, due to mal-adjustment in between the spouse, matrimonial relationship broke down and ultimately, petitioner gave talak on 3.5.2006 to opposite party No. 2. Before that, said opposite party No. 2 left the matrimonial house on 23rd Apri I, 2006 leaving her minor son in the house of the petitioner.
(3.) On 2.5.2006 the opposite party No. 2 filed a petition of complaint before the learned Additional Chief Judicial Magistrate, Baruipur against the petitioner for alleged commission of offence punishable under Section 323/ 343 of the Indian Penal Code and the said case was numbered as C-321 of 2006. On the same day the opposite party No. 2 filed a petition praying for issuance of search warrant under Section 97 of the Cr.P.C. for recovery of her minor son from the custody of the petitioner. Such prayer was allowed and the 0/C Baruipur P.S. was directed by the learned Magistrate to recover the said son. Against, that order, petitioner filed a revisional application before the learned Additional Sessions Judge, Alipore, But the learned Additional Sessions Judge by his order dated 25.9.2006 was pleased to dismiss the said revisional application.;