NARSINGH PADAM SARAN SHAH Vs. SURAJ KISHORE DEVI

JUDGEMENT

(1.) This is a criminal reference by the learned Civil and Sessions Judge, Partabgarh, in a revision filed before him by Raja Narsing Padam Saran Shah of Bijaigarh estate against an order of the Sub-Divisional Magistrate, Patti, District Partabgarh passed under Section 145, Cr. P. C. The learned Judge recommends that the order attaching the moveable properties in dispute be reversed.

(2.) The properties in dispute in the proceedings under Section 145, Cr P. C. include moveable properties in the shape of cash, jewellery and other articles and live stock and immoveable properties such as a house in Amargarh and villages in the districts of Partabgarh and Panaras. They belonged to Rani Indarpal Kunwar who died on 11-2-1950, at Amargarh. Whether or not the properties constitute the Rani's stridhan, it is not possible to say at this stage.

(3.) Dewan Rameshwar Prasad Singh, taluqdar of Amargarh who was the first party is the proceedings under Section 145, Cr. P.C. has since died and is now represented by his widow, Mt. Suraj Kishori Devi. He is the Rani's nephew, being her brother's son. He claimed the property as stridhan, heir of the deceased. Raja Narsing Padam Saran Shah, the second party is the owner of Bijaigarh estate in the district of Mirzapur. He is the step-son of the late Rani, being born of the womb of her husband's second wife, Rani Brij Khan Kunwar.