About crpc 97

Querist : Anonymous (Querist) 22 October 2011 This query is : Resolved
a apply for search warrant u/s 97 crpc, to get custody of his wife, who is entice and keep away by b person. but court before not issue direct search warrant but issue a notice to b,to appear in the court particular date with the lady, b manage police and refuse the service of such notice but, this fact is not on writing and record what is any other leagle option for it? or it is mandatory for court to issue a notice befor issue a search warrant? we have any option that we get serarch warrant without another notice? or service of notice is required for search warrant?

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Raj Kumar Makkad (Expert) 22 October 2011
A wrong procedure has been adopted by SDM. There is no procedure of issuing the notice first and warrant thereafter under section 97 of Cr. PC. You can file revision against the impugned order before Sessions Judge.

Shonee Kapoor (Expert) 23 October 2011
Correct, it should have been warrants straight away.

Also you should have filed Habeas Corpus in HC.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

ashok kumar singh (Expert) 31 October 2011
agree with experts opinion, thanks.

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