PRAVINSINGH Vs. BIHARILAL SINGH

JUDGEMENT

(1.) THIS revision has questioned the correctness and legality of order passed by the learned Magistrate under S. 97 of the Criminal Procedure Code and its executability. The applicant No. 1 Pravinsingh has married with applicant No. 2 Rekha on 22-2-1985. The respondent No. 1 Biharilalsingh is father of applicant No. 2 Rekha.

(2.) NON-APPLICANT Biharilalsingh on 19-12-1985 applied to the Judicial Magistrate, First Class, Ramtek, under S. 97 of the Criminal Procedure Code praying for issue of search warrant against applicant Pravinsingh for search of applicant No. 2 Rekha. The non-applicant in the said application averred that right from the date of Bidai applicant No. 2 Rekha has been ill-treated by applicant No. 1 and members of his family. She has been mercilessly beaten. It is further averred that on receiving this information he went to Rajnandgaon to see his daughter Rekha. However, she could not be found out. Thereupon he reached to mouza Kawardha which is a place of service of father-in-law of Rekha where according to the complainant Rekha was suffering from mental as well as physical torture. The complainant non-applicant No. 1 then requested non-applicant No. 2 to send Rekha with him. He refused. The applicant has further averred that Rekha disclosed to her father that she cannot live in the house as she has been badly beaten and ill-treated. The complainant further averred that on 18-12-1985 Rekha wrote a letter to the complainant that she should be taken within such time otherwise she would have no other alternative but to commit suicide. She had also sent a telegram on 19-12-1985. The complainant averred that the applicant No. 2 Rekha is wrongly confined by non-applicant No. 1 and members of his family and she is not allowed to do anything.

(3.) THE learned Magistrate after going through the application which is on affidavit made by the complainant and the letter sent by Rekha on 18-12-1985 issued a warrant of search directing the Police Station Officer, Ramtek to depute head constable for the search of applicant Sou. Rekha. Accordingly, the warrant of search was issued, directing the Police Station Officer, Ramtek to search for Sou. Rekha in the house of applicant Pravinsingh, situated at Durga Chowk, Rajnandgaon and if found to take Sou. Rekha forthwith. The Police authorities executed the warrant of search on 21-12-1985. It was served at mouza Kawardha, district Rajnandagaon at the residence of M. L. Singh, Sub-Divisional Magistrate, Kawardha, who is the father-in-law of Sou. Rekha. Accordingly on 21-12-1985 Sou. Rekha was produced before the learned Magistrate. She reported before the Court that she met with very cruel treatment from her husband and members of his family and hence she does not want to reside with her husband and will like to reside with her father the complainant. The learned Magistrate terminated the proceedings and passed order accordingly on 21-12-1985.