appellant. On 16-2-1995, the respondent sought search warrants under Section 97 of the CrPC for recovery of Amit. The learned Sub-Divisional Magistrate ... said to be under any illegal confinement and consequently the application for issuance of search warrants under Section 97 CrPC was dismissed vide an order
learned Chief Judicial Magistrate, Bharuch for issuance of
search warrant under section 97 thereof and the learned Chief
Page 4 of 48
C/FA/1937 ... minor child,
instituted proceedings for issuance of search warrant under
section 97 of the Code of Criminal Procedure, but did not
succeed. After the conclusion
taking recourse under Section
97 of the Code and for exercising power
under the said provision and for issuing
search warrant the twin requirements ... under
Section 97 of the Code would not be
attracted and cannot be invoked.
16.4 In case of custody of minor the power
under Section
Pooja was taken forcefully from his
custody under the garb of search warrant issued
under section 97 Cr. PC by police/court in Sagar,
Madhya ... under section 500 & 506 IPC by alleging
that the act of taking Ms. Pooja in pursuance of the
search warrant under section 97
also filed an application under Section 97 of
the Criminal Procedure Code inter alia praying for a search warrant
and directing Respondent ... passed an order of custody in a
petition seeking search warrants under Section 97 CrPC in the
established facts of the case is untenable. Section
children and under such circumstances the confinement amounts to an offence. It is further submitted that for a search warrant under Section 97 ... custody of mother by the father, the court can issue warrant under Section 97 of the Cr.P.C. for search of children and also
such a situation Magistrate has jurisdiction under
Section 97 Cr.P.C., to issue Warrant of Production and transfer
::: Downloaded on - 02/06/2023 ... purpose of grant of writ or issuance of
Search/ Production Warrant under Section 97 Cr.P.C. It has been
further contended that when mother
jurisdiction to issue search warrant. Magistrate should, therefore, exercise due caution and circumstances in issuing a warrant under Section 97 Cr.P.C. even ... search warrant when a petition is filed by a husband under this Section.
12. When a search warrant is issued under Section 97
extent
that the same directed issuance of search warrant under Section 97
Cr.P.C., the present petitioner, who is, admittedly, the father ... purpose of enabling a Magistrate
to issue search warrant, under Section 97 Cr.P.C., is the establishment of
the fact that a person
whether action under Section 97 of the Cr.P.C. is liable to be taken. I extract Section 97 below:
97. Search for persons wrongfully ... action under Section 97 . The confinement must be under such circumstances that the confinement amounts to an offence before powers under Section 97
