SHEFALI BEGUM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned Counsel appearing for the parties. This revisional application has been directed against the order passed by learned Sub-divisional Magistrate, Kandi, Murshidabad, in case No. C/234/2009 on 3.7.2009 in a proceeding under Section 97 of the Code of Criminal Procedure, 1973 whereby the learned Sub-divisional Magistrate concerned has dropped and disposed of the proceeding under Section 97 on the ground that it was not maintainable.

(2.) It is the case of the petitioner that her daughter Khadija Begum was married with one Akbar Sheikh, and out of their wedlock a girl child named Rufiza Begum was born. After delivery of that child Khadija Begum died on 4.10.2005. Since birth the said Rufiza Begum was being maintained by the petitioner in her house. Besides depositing huge amount in the name of Rufiza Begum all other steps for her better living have been taken by the petitioner including her admission in a better school at Khargram. The said Akbar Sheikh has remarried one Tina Begum and is residing with her. The petitioner maintained Rufiza Begum liker her daughter since her birth, but all on a sudden Akbar Sheikh came to the house of the petitioner and snatched away Rufiza Begum aged three years seven months and refused to return back her to the petitioner. The petitioner lodged a diary in that regard bearing G.D. No. 272 of 2009 dated 6.4.2009. As no step was taken by police, so the petitioner filed an application under Section 97 of the Code of Criminal Procedure before the learned Sub-divisional Magistrate, Kandi, Murshidabad, for getting back her grand daughter, but on 3.7.2009 relying upon the only report of Inspector-incharge, Kandi, Police Station, the learned Sub-divisional Magistrate concerned dropped the case by the impugned order.

(3.) Being aggrieved and dissatisfied with the aforesaid order of the learned Sub-divisional Magistrate, Kandi, Murshidabad, dated 3.7.2009 the petitioner filed the present revisional application.