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Judgments of Supreme Court of India and High Courts

Rawsanara Bibi vs The State Of West Bengal & Anr on 21 August, 2019



Sl No.241
CRR 1425 of 2019

Rawsanara Bibi


The State of West Bengal Anr.

Mr. R.N. Adhikary,
Mr. Arpan Roy Kanjilal,
Ms. S. Mondal,
Ms. B. Maity
… for the petitioner.

Mr. A.K. Biswas,
Mr. Suman Chakraborty,
… … for the Opposite Party No.2

Mr. S.S. Imam,
Mr. S. Roy
… … for the State.

The revisional application, filed by the de facto complainant, was directed

against an order of the Magistrate refusing police custody of the

accused/opposite party in the proceeding under Section 498A, Section306, Section406 of the

Indian Penal Code.

It appears that the subsequent to initiation of the instant revisional

application police custody was granted and large number of articles were seized

from the custody of the opposite party and have been returned back to them

except a motorcycle and a sum of Rs.80,000/- and the relevant inventories are

appeared in the case records.

The revisional application being CRR 1425 of 2019 has, therefore, become

infractuous and the same is disposed of accordingly.

Liberty is however reserved to the complainant to agitate her case before

the Magistrate as regards which articles in fact are Stridhan articles which she

would be entitled to return from the opposite parties. The parties may be made

suitable applications in this regard before the Magistrate and the same shall be

decided in accordance with law. The opposite party shall also be entitled to

agitate as to the locus of the de facto complainant to claim the Stridhan articles.

The case diary produced by the investigating officer and his counsel is

returned back.

Urgent photostat certified copy of this order, if applied for, be given to the

parties upon compliance of all formalities.

(Rajasekhar Mantha, J.)

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