Law: Criminal Procedure Code (V of 1898)

Section: 100

  Criminal Procedure Code (V of 1898), S. 100-Person produced before Magistrate under search warrant, if major, cannot be kept confined anywhere against his or her will.   Miss Purna Chowdhury alias Bulbuli alias Meharunnessa Begum v. The State 8 D L R 293; Santipada Ganguly v. Sovarani Ganguly Criminal Revision Case No. 360 of 1959; Ayesha Begum alias Anila Chanda v. The State 13 D L R 681; Nityananda Dutta v. Ashraf Alam Assa and another Criminal Revision Case No. 778 of 1961; Ramesh Chandra Mandal v. Md. Atiqullah and another Criminal Miscellaneous Case No. 59 of 1961 and Bholanath Goswami v. The Commissioner of Police, Calcutta and others 61 C W N 330 ref.   Penal Code (XLV of 1860), Ss. 363 & 366-Offence alleged to have been committed by somebody in relation to minor-Court, in interest of justice, entitled to take minor into custody and arrange for his or her detention for temporarily isolating minor from influence of interested persons-Abserce of provision re detention of minor in Criminal Procedure Code (V of 1898) does not mean that such detention is prohibited-Necessity of establishing neutral home for such purpose by Government.   Santipada Ganguly v. Sovarani Ganguly Criminal Revision Case No. 360 of 1959; Amin Bux v. Meher Ali and others P L D 1962 Kar. 725; Muhammad Sharif v. Lal Muhammad and another P L D 1962 Quetta 108 and Mushtaq Ahmed v. Mirza Muhammad Amin and others P L D 1962 Kar. 442 ref. JUDGMENT   SATTAR, J.-This Miscellaneous case arises out of G. R. Case No. 723 of 1961 in which the Police submitted charge sheet against five persons under sections 363 and 366, Pakistan Penal Code, on a first information report lodged by Jnanendra Nath Saha father of Jotsna Rani Saha who claims to have voluntarily embraced Islam and taken the Muslim name of Jahanara Begum.   The facts giving rise to this case may be summarised as follows: A search warrant for the production of Jotsna Rani Saha was issued and in pursuance thereof the Police, on the 4th of November 1961, produced her before Mr. M. A. Rahman, a Magistrate of the First Class. Jotsna thereafter made the following statements;   "My name is Jahanara…