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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.)