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Judgments of Supreme Court of India and High Courts

(Vedika Sanganeria vs The State Of West Bengal & Others) on 14 August, 2019

1

4.08.2019
49

Ct-33
pk C.R.R. No. 1999 of 2019

(Vedika Sanganeria Vs. The State of West Bengal others)

Mr. Sourav Chatterjee,
Mr. Sailendra Jha,
Mr. S. C. Jain
…for the petitioner

Ms. Sujata Das, learned advocate, who normally appears for the

State, agrees to represent it in the matter.

Let her appointment be regularised by the Office of the Public

Prosecutor, High Court, Calcutta.

The short question raised in the instant revisional application is

that despite a direction by the Magistrate on the police to recover

stridhan articles and submit a report before the Court below, on 15th

February, 2019 when such report was expected to be filed, the police

submitted a final report of investigation resulting in a charge-sheet

under Sections 498A and Section406 of the Indian Penal Code read with

Sections 3/Section4 of the Dowry Prohibition Act.

Submission of the final report would indicate that the

Investigating Officer is no longer interested in recovering the stridhan

articles. It is further submitted that on a date fixed on which the

Investigating Officer was supposed to visit the opposite party’s in-laws
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residence to search and locate and seize the stridhan articles, the

petitioner was informed that the opposite parties were not available

within the city and that such process was consequently postponed.

It is not unlikely that the opposite party might have had

advance notice of visit of police at the residence. The petitioner

thereafter made an application for a direction on the I.O. to search out

the bank lockers of the opposite party’s in-laws, which application is

being postponed from time to time by the learned Magistrate.

This Court, therefore, is of the view that the Investigating Officer

must immediately cause searches of the Bank Lockers and other places

as may be identified by the revisionist where the said stridhan articles

might be located. The Investigating Officer shall cause searches and

complete the same within the period of seven days from the date of

communication of a copy of this order. Till such time, the said search

and seizure is completed and the charge-sheet filed by the Investigating

Officer before the learned Magistrate shall not be acted upon.

It is further made clear that the petitioner shall be at liberty to

give a valuation of the amount of the stridhan articles to the learned

Magistrate whereupon the learned Magistrate shall direct the accused
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persons to furnish a bank guarantee for such amount as he may deem

fit for securing the value of such stridhan articles.

In default of furnishing a Bank guarantee, the bail if any is

obtained by the accused shall stand cancelled and they shall be taken

into custody without any further reference to the court below.

Let a copy of this revisional application along with a copy of this

order be served on the opposite parties by speed post with

acknowledgement due card.

Let this matter stand adjourned and be listed ten days hence.

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

given to the parties as expeditiously as possible.

(Rajasekhar Mantha, J.)

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