LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

What Is The Case

● On Tuesday, the Supreme Court ordered a petitioner who had filed a Habeas Corpus petition under Article 32 against his wife's father's unlawful detention to seek relief under Section 97 CrPC (search for a person who is wrongfully confined).

● Because of these shortcuts, Hon. Justice Dinesh Maheshwari said that Section 97 of the CrPC had become a dead text.

● According to Section 97, if a DM, SDM, or Magistrate (First Class) has cause to believe that a person is restricted, he may issue a search warrant for the person, and if the person is discovered during the search, he should be taken to the Magistrate immediately.


● The man (28) is said to have married the corpus (24). When the corpus's family learned of the marriage, they beat her and locked her up in a bed. His wife's family sent death threats to him after he sought to settle the matter amicably with the grooms.

● He allegedly approached the police and even the Chief Minister via the Jan Sunway Portal. Despite the fact that his complaint had gone unanswered, he lodged a writ under Article 32, requesting that authorities produce his wife in court.

Court’s Order

● The Bench was initially perplexed as to why the appellant had invoked Article 32 and why the High Court was unable to handle the issue.

● The council responded that, as a result of the pandemic, most trial courts were closed, and High Courts were scheduling hearings for the next 3-4 months.

● The Court then advised the petitioner to use Section 97, to which the petitioner accepted and requested permission to withdraw the petition with the option to use Section 97.

● The petitioner's appeal was granted, and the case was dismissed as withdrawn.

What do you think about this?

"Loved reading this piece by Basant Khyati?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Tags :

  Views  244  Report