CRR 1425 of 2019
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
Urgent photostat certified copy of this order, if applied for, be given to the
parties upon compliance of all formalities.
(Rajasekhar Mantha, J.)