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
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)
(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.
VERIFICATION:Verified that the contents of my above affidavit are true and correct to best of my knowledge and nothing has been canceled therein. Verified at
DEPONENT.
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Very good drafting
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