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S. 97 crpc

(Querist) 15 February 2013 This query is : Resolved 
Sir, it is very urgent matter as wife of applicant is illegally confinned and brutually being tortured . Can an application u/s 97 directly be presented b4 magistrate or it can only be presented under any running case, I presented an application u/s 97 b4 magistrate, he refused to entertain and said without any case registered in this matter he will not issue any process,The case is that wife of applicant is confinned by her parents as she wedded against their will,applicat send applications to IG, SSP but all in vain.What is the exact procedure of filling an application u/s 97 CrPC, Or should I file a formal complaintu/s 190 CrPC? Any caselaw regarding the process?
Advocate M.Bhadra (Expert) 15 February 2013
First should lodge a complaint to the Police then file a case u/sec.156(3)Cr.P.C. or u/s.200 Cr.P.C. along with a Petition u/s.97 Cr.P.C.Contact with a local Senior Lawyer.
Arvind Singh Chauhan (Expert) 15 February 2013
Take the help of Media, NGO and women commission of your state also.
Rajeev Kumar (Expert) 15 February 2013
Though Arvind has suggested well Wheras question of legal procedure lies then Minasu Bhandra sir is right.
Nadeem Qureshi (Expert) 15 February 2013
Dear Querist
no need to worry
as per my opinion no need to worry simply file an application u/s 97 before DM/SDM of your area.
97. Search for persons wrongfully confined.

If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue, a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.
Feel free to Call
Raj Kumar Makkad (Expert) 16 February 2013
There is no need to first file a case and then to resort the provision under section 97 Criminal Procedure code because this section is independent. Move immediately before High Court and seek direction against such authorities and even seek stringent action all such police officials who derelicted their lawful duty in this regard in connivance with your in-laws and let your wife to suffer torture and harasment.

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