Section 97 in The Code of Criminal Procedure, 1973
97. Search for persons wrongfully confined.
- If any District Magistrate, Sub-Divisional Magistrate or Magistrate
Section 97 in The Indian Penal Code, 1860
97. Right of private defence of the body and of property.—
Every person has a right, subject ... restrictions contained in section 99, to defend— (First) — His own body, and the body of any other person, against any offence affecting the human body
Section 97 in The Code of Civil Procedure, 1908
97. Appeal from final decree where no appeal from preliminary, decree .-
Where any party aggrieved
mean an ironclad interpretation of section 100 of J&K
Cr.P.C ( section 97 Cr.P.C) for the judicial magistrates that
whenever ... away from directly resorting to use and mention of sections
339 / 340 IPC in section 97 of Cr.P.C 1973 to generate
issuance
order of custody in the
petition seeking search warrants under
Section 97 CrPC in the established
facts of the case is untenable. Section
97 CrPC ... circumstances of the present case
is as to whether provisions of Section
97 CrPC could be involved. It cannot be
disputed that the mother
search warrant to be issued, in terms of the
provisions of Section 97 Cr.P.C., for recovery of the complainant ... extent
that the same directed issuance of search warrant under Section 97
Cr.P.C., the present petitioner, who is, admittedly, the father
needs reproduction.
Renu Sharma filed an application before SDJM
Mohindergarh under Section 97 Cr.P.C. for issuance of warrants.
The facts which emerge ... Digital in 249 Calcutta, held -
wrongful confinement. Proceedings under Section 97
Cr.P.C. quashed. As per petition/complaint daughter of
opposite party
powers under section 97 that the
Magistrate would be prevented from exercising the jurisdiction under
section 97 of the Code in issuing search warrant ... above would prevent learned Magistrate
from exercising the jurisdiction under Section 97 of the Cr.P.C. in
issuing search warrant for securing custody
petitioner has raised an argument that
the proceedings under Section 97 Cr.P.C. could not have been
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::: Downloaded ... from the hospital to another doctor. The
basic ingredient to attract Section 97 Cr.P.C. is that the child
is confined under such circumstances
offence of confinement which is mandatory for
attracting provisions of Section 97 Cr.P.C. It has further been
canvassed that mother is an accused ... grandparents to have custody of minor grandchildren, petition/
application under Section 97 Cr.P.C. was not maintainable and,
therefore, Magistrate has committed a mistake