N.N. MEYYAMMAI ACHI Vs. VENKATACHALAM CHETTIAR

JUDGEMENT

(1.) THIS is a petition in revision to quash the search warrant issued under Section 96, Criminal Procedure Code, on 4th March, 1950, by the Additional Sub -Magistrate of Karaikudi under the following circumstances.

(2.) THE first accused, who is the father of the second accused, the petitioner herein, adopted the complainant in June 1920. Sometime thereafter, that is, in or about the year 1929, misunderstandings arose between accused 1 and the complainant for reasons which it is unnecessary to state here and the complainant was living away from the first accused and his family. The partition of the family properties having been effected sometime in the year 1939, the complainant executed a release deed in consideration of his giving received a sum of about a lakh of rupees. Thereafter, an attempt was made by the sons of the complainant to have the release deed set aside on grounds of undue influence and inadequate consideration, which proved unsuccessful. On 4th June, 1949, the first accused's wife died leaving behind her some stridhana property. Within a few months of the death of the first accused's wife, i.e., the adoptive mother of the complainant, the complainant filed a complaint before the Additional Sub -Magistrate of Karaikudi alleging that the stridhana properties belonging to his adoptive mother, which devolved on him under some custom or usage to be set up by him, and also certain documents which would prove his case, were in the possession of the first and second accused who have not delivered the same to him in spite of his oral request in the presence of some mediators. On the same day he also filed an application for the issue of a search warrant without any independent affidavit in support of that application.

(3.) THE first and the second accused coming to know of the issue of the search warrant, when the Sub -Inspector, followed by a number of constables, went to their house, filed an application before the Magistrate for withdrawing the search warrant. But the learned Magistrate, without recalling the warrant, dismissed it making the following observation: