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Abdul Rehman @ Adarman vs. State of Rajasthan & Anr.

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Code of Criminal Procedure, 1973–Sec. 97–Whether the Executive Magistrate has the power u/s. 97 Cr.P.C. to wrest the custody of a child from her own maternal grandmother ?–Held, no–When the child was in the custody of maternal grandmother, there was no reason to believe that she was under wrongful confinement–Minor girl stated that she does not want to go with her father and she is happily living with her grand-mother–Child Welfare Committee rightly gave the custody–However, the petitioner is the liberty to
file a regular application under the provisions of Guardian and Wards Act.