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dipankar (MANAGER)     01 September 2023

Territorial jurisdiction of magistrate under sec 97 crpc

I am from a district in wife and child is wrongfully confined in question is that can I move a case of sec 97 crpc in Bengal. As the law states ANY MAGISTRATE,, does it mean anywhere in India.


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     02 September 2023

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 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.
You can file the petition before the court in your jurisdiction, if they reject then you an file it in the jurisictional court.

Dr. J C Vashista (Advocate and Legal Consultant)     02 September 2023

You may move application through a local prudent lawyer before the Magistrate of your location in West Bengal.

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