attracting Section
97 Cr.P.C. OR abduction or unlawful detention attracting Section 98
Cr.P.C. Suffice to say, Section 97 and Section ... unlawful detention for any unlawful
purpose, Section 98 Cr.P.C. was not attracted.
7. Sec. 97 Cr.P.C. reads, as under :
"Search
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
Ms. Sujata Kapoor vs Union Bank Of India And Ors. on 12 December, 2019
Equivalent
that Section 41 of the Punjab Courts Act being
repugnant to the amended provisions of Section 100
of the Code and Section 97 ... contrary in this Code, Section 4
CPC saved special or local law. But
after it comes in conflict, Section 4
CPC would not save
again for the offence punishable under Section 498-A read with
Section 34 and Section 494 of the IPC on 13.05.2005. Further ... criminal proceeding was filed by the
father of the respondent under Section 97 of Cr.P.C. for custody of the
respondent against the petitioner
arose as to whether in
view of the provisions of Section 97(1) CPC, provisions of Section 41 of the
7 of 9
::: Downloaded ... others" 2001(4) SCC 262, on
applicability of Section 97(1) of CPC is not a correct law, in essence, the
provisions of Section
correctly on both propositions. First and foremost,
when Section 97(1) of the Code of Civil Procedure
(Amendment) Act, 1976 speaks of any amendment made ... from the expression "principal
Act" occurring in Section 97(1). What Section 97
(1) really does is to state that where a State
arose as to whether in
view of the provisions of Section 97(1) CPC, provisions of Section 41 of the
Punjab Courts Act, 1918 would ... others 2001(4) SCC
262 on applicability of Section 97(1) of CPC is not a correct law, in essence,
the provisions of Section
under Section 482 of Cr.P.C. for the
afore-stated reliefs.
3. The petition filed under Special Marriage Act read with
Section 97 ... issue any direction to
any Competent Authority under Section 482 or u/S 97 , 98
Cr.P.C. or under the Special Marriage
offences punishable under sections 343 & 346
Indian Penal Code.
7. Along with the complaint, first respondent
filed application under section 97 Code of Criminal ... petitioner for search of 'X' and then acting under
Section 156 (3) Code of Criminal Procedure referred
the complaint to SHO, Sindagi
