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    Draft A Search Warrrent Petition

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    NVS Sankaram
    1. The document discusses a complaint filed under Section 97 of the Code of Criminal Procedure (CrPC) seeking a search warrant. 2. Section 97 allows a magistrate to issue a search warrant if they believe a person is being illegally confined. 3. The complaint was filed by a woman (Savita) seeking recovery of her two minor children (ages 3 and 9 months) who she alleges are being wrongfully confined by her in-laws following domestic violence and dowry demands.

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    Draft A Search Warrrent Petition

    Uploaded by

    NVS Sankaram
    2K views4 pages
    1. The document discusses a complaint filed under Section 97 of the Code of Criminal Procedure (CrPC) seeking a search warrant. 2. Section 97 allows a magistrate to issue a search warrant if they believe a person is being illegally confined. 3. The complaint was filed by a woman (Savita) seeking recovery of her two minor children (ages 3 and 9 months) who she alleges are being wrongfully confined by her in-laws following domestic violence and dowry demands.

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    6. Draft a Search Warrrent Petition

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    1. The document discusses a complaint filed under Section 97 of the Code of Criminal Procedure (CrPC) seeking a search warrant. 2. Section 97 allows a magistrate to issue a search warrant if they believe a person is being illegally confined. 3. The complaint was filed by a woman (Savita) seeking recovery of her two minor children (ages 3 and 9 months) who she alleges are being wrongfully confined by her in-laws following domestic violence and dowry demands.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views4 pages

    Draft A Search Warrrent Petition

    Uploaded by

    NVS Sankaram
    1. The document discusses a complaint filed under Section 97 of the Code of Criminal Procedure (CrPC) seeking a search warrant. 2. Section 97 allows a magistrate to issue a search warrant if they believe a person is being illegally confined. 3. The complaint was filed by a woman (Savita) seeking recovery of her two minor children (ages 3 and 9 months) who she alleges are being wrongfully confined by her in-laws following domestic violence and dowry demands.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    What is complaint under section 97 CrPC ?

    The section 97 of Cr.Pc states that when a person is confined under


    certain circumstances, defined therein, the confinement is illegal. If the
    District Magistrate, S.D.M or Judicial Magistrate of Ist class "has reason
    to believe that such person is illegally confined", they can issue a search
    warrant to find that person.

    Here is the actual format of 97 Crpc complaint which has been filed
    before the Court of SDM to search of illegal confinement of complainant's
    minor children. 

         In the court of Sub Divisional Magistrate, .............

    Smt. Savita ...... ….Complainant

    VERSUS

    1. Ajay Singh, 2. Vijay Pal …….Respondent/Accused

    Application Under Section 97 Cr.P.C. for issuing of Search warrants for


    recovery of Children (Boy-Aged 3 years & Girl – Aged 9 Months) of the
    applicant namely Smt. Savita from the wrongful confinement of accused
    persons. 

                                                                                          Police


    Station :....
    Most respectfully Showeth:

    1-             That the applicant namely Savita  was married with the


    accused  No.1 and out of the said wedlock  following two issues have
    been born :-

    (i)           Rajesh – son aged 3 years

    (ii)          Manju – Daughter aged 9 months

    2-              That the accused persons along-with their entire family has not
    been happy and satisfied with the dowry articles given in the said
    marriage by the applicants and for a long time they have been
    harassing and torturing the daughter of the applicants in order to get
    their demand of dowry fulfilled illegally by way of such harassment.

    3-             That after a short while from her marriage, the applicant has
    suffered Domestic Violence for want of more Dowry by the Accused.
    That the accused have by force taken away the two children from their
    mother (Applicant) and have thrown her out of the house.

    4-             That the children are minor and the daughter is dependent on


    her Mother’s milk for feeding.

    5-             That the applicant has already filed a complaint with the Women
    Crime Cell and already have visited the concerned cell twice. But the
    accused have not brought or handed over the children to the Applicant.
    6-              That the accused have continuously tortured the applicant
    physically, mentally.

    7-             That even the elders of the society have tried their level best but
    the accused persons are not handing over the Minor Kids to the
    applicant.

    8-             That the applicant has no other option except to file the present
    application in order to safeguard the life and limb of the applicant’s
    Children from the clutches of the accused persons.

    9 -       That the accused persons have kept the Children of the applicant
    confined Wrongfully at their residence i.e................

    10-         That the applicant is the permanent resident


    of ................. hence  this hon’ble court has got the territorial
    jurisdiction to entertain and try the present complainant by way of
    issuing the search warrants.

    Prayed:

                            It is, therefore, prayed that the search warrants against the
    accused persons  may kindly be issued thereby directing the SHO of
    P.S. ............... to search every part of the said house and to take the
    custody of applicants Children namely ............... from the wrongful
    confinement of  the accused persons/respondents.
    Dated :                                                                                            
    APPLICANT

                        Through Counsel 

                   (Affidavit in support of complaint)

                       In the court of Sub Divisional Magistrate, ...........

    Application Under Section 97 Cr.P.C. for issuing of Search warrants


    for recovery of Children of the applicant namely Smt. Aditi Arora from
    the wrongful confinement of accused.                 

    AFFIDAVIT

    I, Savita  .......................................do hereby solemnly affirm and declare as


    under  :-

    1-             That the deponent has filed the above noted application before
    this Hon’ble court, the contents of which may be read as part and
    parcel of this affidavit for the sake of brevity and repetition.                                 
    DEPONENT.

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