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1988 Supreme(Bom) 20

A.A.DESAI
PRAVINSINGH – Appellant
Versus
BIHARILAL SINGH – Respondent


JUDGEMENT

1. This revision has questioned the correctness and legality of order passed by the learned Magistrate under S.97 of the Criminal Procedure Code and its executability. The applicant No. 1 Pravinsingh has married with applicant No. 2 Rekha on 22-2-1985. The respondent No. 1 Biharilalsingh is father of applicant No. 2 Rekha.

2. Non-applicant Biharilalsingh on 19-12-1985 applied to the Judicial Magistrate, First Class, Ramtek, under S.97 of the Criminal Procedure Code praying for issue of search warrant against applicant Pravinsingh for search of applicant No. 2 Rekha. The non-applicant in the said application averred that right from the date of Bidai applicant No. 2 Rekha has been ill-treated by applicant No. 1 and members of his family. She has been mercilessly beaten. It is further averred that on receiving this information he went to Rajnandgaon to see his daughter Rekha. However, she could not be found out. Thereupon he reached to mouza Kawardha which is a place of service of father-in-law of Rekha where according to the complainant Rekha was suffering from mental as well as physical torture. The complainant non-applicant No. 1 then requested non-applicant No. 2 to send











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