Criminal Procedure Code, 1973, Section 97, 362 -- Second application u/s 97 Cr.P.C - Barred by Res judicata - Wrongful confinement of child by father - Dispute between mother and father regarding custody of minor child which was forcibly taken by father - Whether such allegations are correct or not would depend on facts and circumstances of case, but if allegations..........
Criminal Procedure Code, 1973, Section 97 -- Search warrant - Wrongful confinement of child by father - When the dispute is between close relations, it would be proper for Magistrate to hear both sides before forming an opinion as to whether confinement amounts to illegal confinement or not - SDM therefore ought to have at least issued notice to father of child and his..........
Criminal Procedure Code, 1973, Section 97, 98 -- Application u/ss 97, 98 Cr.P.C - Dismissal on the ground of availability of alternative remedy - Not proper - Trial Court directed to entertain the application...........
Criminal Procedure Code, 1973, Section 97 -- Search warrant - Two conditions are sine qua non prior to passing of an order u/s 97 Cr.P.C. viz: (i) person in connection with whom request for search warrant is made, should be shown to be in wrongful and illegal confinement and; (ii) prima facie satisfaction of Magistrate that concerned person is in wrongful confinement...........
Criminal Procedure Code, 1973, Section 97, Indian Penal Code, 1860, Section 342 -- Search warrant - Wrongful confinement - When custody of minor children are with their father, unless there was material to show that custody was illegal or in violation to some order passed by Court, it cannot be considered or treated as illegal confinement or wrongful custody so as to..........
Criminal Procedure Code, 1973, Section 97, Hindu Minority and Guardianship Act, 1956, Section 6 -- Search warrants - Custody of minor - Father forcibly removed his suckling child of 18-1/2 months from custody of his mother - Act of father of placing the child beyond the reach of mother tantamounts to confinement of child giving rise to an offence - Issuance of search..........
Criminal Procedure Code, 1973, Section 97, Hindu Minority and Guardianship Act, 1956, Section 6 -- Wrongful confinement - Search warrant - Petitioner/mother voluntarily left minor child with respondent/husband - Said fact neither denied nor even disputed by petitioner/mother - Held, father is natural as well as legal guardian of minor boy - Therefore when a minor son is..........
Criminal Procedure Code, 1973, Section 97 -- Search warrants - Magistrate assumes jurisdiction to issue search warrant only when he is satisfied that a person is confined under such circumstances that confinement amounts to an offence...........
Criminal Procedure Code, 1973, Section 97 -- Search warrant - Wrongful confinement of child - Child expressed his desire to stay with the petitioners, who are taking good care of him - In such circumstances, living of the child with the petitioners cannot be said to be commission of offence of wrongful confinement...........
Criminal Procedure Code, 1973, Section 97 -- Child was in custody of his mother - Issuance of search warrant and directing custody of child to be given to father - Legality - Held, S.97 Cr.P.C. is restricted in its application for issuance of direction for search of a person wrongfully confined - Admittedly when the child was in custody of his mother there was no reason to..........
