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
Magistrate so as to invoke provisions of section 97 of the Code. Section 97 of the Code is available for search of persons "wrongfully ... this Court.
6. The question of invoking power under section 97 of the Code, as mentioned earlier, is available only if it is asserted
Lily Manna that her daughter-in-law filed the application under Section 97 of Cr.P.C. before the learned Sub-Divisional Magistrate, Tamluk being ... others under Sections 498A/406 of IPC and that the learned Magistrate was justified in drawing up a proceeding under Section 97
contention of learned counsel
for petitioners that the application filed u/s 97 of
Cr.P.C. at the instance of respondent ... story of child being taken away and confined,
preferred application u/s 97 of Cr.P.C. It is pointed
out that
custody does not give rise to any offence as envisaged under Section 97, Cr.P.C.
Secondly, it is contended that the order giving custody ... under Section 97 , Cr.P.C. relates to confinement amounting to an offence under the Indian Penal Code . Therefore, the provisions of
wherein,
the Supreme Court in context with Section97 of the Code of Criminal
Procedure , 1973 has observed as under:
Page 17 of 40
Downloaded ... order of custody in a
petition seeking search warrants under Section 97 CrPC in the
established facts of the case is untenable. Section 97 CrPC
Under what circumstances can the power under Section 97 and/or Section 98 of the Cr.P.C. be invoked by a Magistrate ... emphasis supplied)
A careful reading of Section 97 must lead to the conclusion that powers under Section 97 can be invoked only when the court
Shanti Prasad Jain vs State on 29 September, 1971
JUDGMENT
S. Rangarajan, J.
(1) This
IPC was registered.
2. Charge-sheet was filed under sections 376 / 506 IPC.
The case after compliance of section 207 Cr.P.C. was sent ... IPC. Accused is hereby acquitted of the
charge for the offence under section 376 / 506 of the
IPC.
39. Compliance of section 437-A
The State Of Bihar vs Jiyauddin @ Dhannu on 5 October, 2021
Author: Ashwani Kumar Singh
