under section 561-A Cr.P.C by the father against search
warrants issued under section 100 J&K Cr.P.C issued ... Cr.P.C. 1973) was invalidated, this Court did
not mean an ironclad interpretation of section 100 of J&K
Cr.P.C ( section
mother. The mother, therefore, moved an application under Section 97 of Cr. P. C. against the father. It is admitted case of the parties that ... Wards Act , or by way of an application under Section 97, Cr. P. C. or by way of a writ of habeas corpus
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
reproduction.
Renu Sharma filed an application before SDJM
Mohindergarh under Section 97 Cr.P.C. for issuance of warrants.
The facts which emerge are that ... Digital in 249 Calcutta, held -
wrongful confinement. Proceedings under Section 97
Cr.P.C. quashed. As per petition/complaint daughter of
opposite party
petitioner has raised an argument that
the proceedings under Section 97 Cr.P.C. could not have been
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::: Downloaded ... State of U.P. , reported as 1988 (2) HLR 471, as per
which the proceedings under Section 97 Cr.P.C. can be held maintainable
that the respondent moved the Chief Judicial Magistrate Ambikapur under Section 97 Cr. P.C. for obtaining the custody of his two children ... petitioner therefore moved an application under Section 97 Cr. P.C. before the Chief Judicial Magistrate Nagpur, seeking recovery of her two children from
confinement was not made out and the application under Section 97 of Cr.P.C. was not tenable.
On 20-1-1990 i.e. before ... completely misdirected himself in construing the provisions of Section 97 of Cr.P.C. thought the case was not made out to the effect that
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
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
maintainable as the petitioners have already invoked provisions of Section 97 Cr.P.C. and have approached the competent court i.e. the court ... Mishra, learned Senior Counsel submitted that the provisions of Section 97 Cr.P.C. would not be applicable in the present case
