fact,
on 03.04.2001, the applicant had filed an application under
section 97 of the Code of Criminal Procedure before the
learned Chief Judicial Magistrate, Bharuch ... child. Since she was advised to institute proceedings under
section 97 of the Code of Criminal Procedure, 1973, initially she
had instituted such proceedings
Dr.Pramila Sharma vs The State Of Bihar & Ors on 12 September, 2014
Author
articles for entirety of the period.
The plaintiffs rely upon Section 97 of the Code of Civil Procedure,
1908. It is submitted that the judgment ... challenge the decree dated July
15, 2013 in view of Section 97 of the Code of Civil Procedure, 1908 reliance is
placed on All India
Khambhalia and
prayed for a warrant under Section97 of the Cr.P.C . seeking custody of
her minor son. The learned ... custody of the child by way of a warrant
under Section97 of the Cr.P.C.
4. Mr. Rachh has placed strong reliance
after narrating
the factual details, observed and held that Section 97 of the Cr.P.C.
prima facie is not attracted to the facts ... order of custody
in a petition seeking search warrants under section 97 Cr.P.C. in the
established facts of the case is untenable
question arises for consideration whether, without any
search warrant issued under Section 97 Cr.P.C by a
competent Court and when police ... case seems proper. It is well settled the
provisions of Section 97 Cr.P.C cannot be invoked for
the recovery of a minor child
application under
Order 21 Rules 97 and 100 of the Code of Civil Procedure (for short
CPC ) read with Section 151 CPC in respect ... filed under Order 21 Rules 97 and 101 CPC read with
Section 47 and Section 151 CPC.
Both the Misc. Cases having stood dismissed
appellant that the respondent
filed a false petition under Section 97 of the Code of Criminal
Procedure for issuing search warrant alleging that ... allegation that the respondent had filed a false petition
under Section 97 of the Code of Criminal Procedure against Tarsem Singh
and others alleging that
issued the process in the said proceedings under Section 97 Cr.P.C.;
and directed the SHO, Police Station, Rohat to search ... passed by
the SDM in the proceedings under Section 97 Cr.P.C. (Annex.4).
Even at the time of filing of this petition
ought to have made, and
would make, an application, under Section 97 of the Code, seeking
issuance of search warrant and, hence, this writ petition ... withdrawn with liberty to make an appropriate
application under Section 97 of the Code and also to approach this
Court with appropriate application, in future
