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.