- (1.) THIS is a reference by the learned Additional Sessions Judge, Jhalawar, and is a typical instance where the powers granted to a Magistrate can be abused in the grossest form.
(2.) ONE Mohan Lal made an application to the S. D. M. , Jhalawar, on 8-11-1956, that he was married to one Sunder Bai about 2 1/2 years ago. She was the daughter of Basanti Bai. It was alleged that Sunder lived with him after the marriage, but she was being prevented by Basanti Bai from coming to the petitioner. It was stated that Basanti Bai also did not allow the petitioner Mohan lal or his relations to meet Sunder Bai. It was mentioned that the above facts showed that Sunder was being kept in wrongful confinement. Her age was stated to be 14 years. It was mentioned that under the Hindu Law the petitioner was her guardian. It was prayed that a warrant of search of Sunder Bai be issued, and she may be handed over to the petitioner or set at liberty.
(3.) SECTION 100 of the Code of Criminal Procedure runs as follows: "if any Presidency Magistrate, Magistrate of the first class, or Sub-Divisional Magistrate has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a 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. ";