I Want Conclusion

Asked in Constitutional

  • Shekh Josimuddin

    NA

Expert's Answers(3)

  • Advocate Anshul Kulshrestha

    Noida, Uttar Pradesh
      9 Client Ratings

    "Section 97 - 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 search-warrant, and the person to whom such warrant is directed may search for the person so 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." It should be issued by the Magistrate not by advocate.

    July 14, 2021
  • Advocate Anik

    Bengaluru, Karnataka
      66 Client Ratings

    Hi, A search warrant can only be issued by a District Magistrate, Sub-divisional Magistrate, or Magistrate of the First Class, not by a private individual. As a result, your father's notice is invalid. Because it affects the person's life and liberty, Section 97 of the Code of Criminal Procedure is similar to Art. 32 of the Indian Constitution. If you find this answer helpful. Please rate my answer. Thank You.

    July 13, 2021
  • xxxxx cxxxxx

    Bengaluru, Karnataka
      184 Client Ratings

    Dear Sir/Madam It is to be issued by Magistrate not by advocate. It is invalid notice.

    July 13, 2021