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dipankar (MANAGER)     01 October 2023

Sec97, crpc

MY WIFE AND SON IS WRONGFULLY CONFINED BY MY FATHER IN LAW AND BY HER BROTHERS.

I WAS ADVISED BY MY LAWYER TO FILE A CASE UNDER SEC 97 CRPC.HE TOLD ME THAT IMMEDIATELY WARRANT WILL BE ISSUED TO RECOVER MY WIFE AND SON.

BUT THE .MAIN POINT IS WHEN I AM BROWSING THROUGH THE E COURT OF MY DISTRICT, I AM SEEING THAT IT IS TAKING A LONG TIME FOR MAGISTRATES TO ISSUE WARRANTS AND THEY ARE FIRST ISSUING NOTICES TO THE ACCUSED.(SR/AD/APPEARANCE)

NOW IN MY CASE IF SUCH NOTICE IS SERVED FIRST MY INLAWS WILL SHIFT MY WIFE AND SON TO A DIFFERENT PLACE..

SO THE WHOLE POINT OF SEARCH WARRANT HAS NO MEANING, IF WARRANTS ARE ISSUED AFTER A LONG TIME , AFTER ISSUING NOTICES TO THE ACCUSED PERSONS.

KINDLY CLEAR MY POINT.



Learning

 4 Replies

Pradipta Nath (Advocate)     01 October 2023

Section 97 crpc is used to get relief for illegal confinement. There will be first SA then a police enquiry. Based upon the police report, service will be issued. It is supposed to take a longer time. 

Vishal, Adv-Supreme Court (Advocate Whatsapp 9717985984)     01 October 2023

You must file a writ of haebus corpus before the jurisdictional High Court as soon as possible

For more detailed advice contact Adv Vishal Garg @ 9717985984

T. Kalaiselvan, Advocate (Advocate)     02 October 2023

You have repeated the same question in a different form in a different thread of the same forum that too today itself. 

Your were advised to file a writ petition after lodging a criminal complaint against your father in law in the local police for the offences of illegal confinement and other offences..

If the police do not cooperate then you can approach high court with a HCP 

Dr. J C Vashista (Advocate )     02 October 2023

As observed from your profile similar / same queries have already been posted and properly responded, some of them are:

posted a new topic in forum Habeas corpus writ

posted a new topic in forum Sec97, crpc

osted a new topic in forum Withdrawal of civil case--child custody posted a new topic in forum How to withdraw a court case posted a new topic in forum

Taking an early date in court --put up meaning replied to a topic in forum I want to bring back my son and wife.

posted a new topic in forum I want to bring back my son and wife.

replied to a topic in forum Bring back my wife and son posted a new topic in forum Bring back my wife and son

posted a new topic in forum Territorial jurisdiction of magistrate under sec 97 crpc

More 
Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=71978 

 

If you are not satisfied with obligation of experts on this platform, being FREE OF COST, it is better to consult a local professional. However, it is absurd and ridiculous to repeat same story time and again.


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