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● The petitioner's appeal was granted, and the case was dismissed as withdrawn.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