Cr.MMO 32 of 2011 28.3.2011 Present: Mr. Bimal Gupta, Advocate with Mr. Harmeet Singh, Advocate, for the petitioner. Cr.MMO 32 of 2011 The grievance of the petitioner before this Court is that order passed by the learned Sub Divisional Magistrte, Poanta Sahib in proceedings under Section 107 read with Section 151 of Cr.P.C. interalia deals with the custody of minor Harsh. Learned counsel submits that the order is without jurisdiction and the custody cannot be handed over unless a thorough inquiry has been made in accordance with law to ascertain the welfare of the child. In the order the Magistrate also observed that it will be open to the petitioner herein to institute a case under the Hindu Minority and Guardianship Act or under the Guardian and Wards Act for the custody of child. So far as the last part of the observation is concerned, it is but natural the outcome of law. This petition is disposed of with a direction that it will be open to the petitioner herein to approach the Court of competent jurisdiction to protect his visitation rights/obtain custody of the child in accordance with the Hindu Minority and Guardianship Act or the Guardian and Wards Act. Any observation which has been made by the Magistrate in proceedings under Section 107 and 151 Cr.P.C. would be confined to the fact situation which is existed at that time and does not determine the rights of the parties finally. Petition stands disposed of. March 28, 2011 (Dev Darshan Sud), ms Judge