SHRUTI BANERJEE BISWAS Vs. RANAJIT BISWAS

JUDGEMENT

(1.) -This revisional application is directed against an order dated 5.2.2001 passed by the learned Sessions Judge, South 24 Parganas, Alipore in Criminal Revision No. 55 of 2001 directing the learned Judicial Magistrate, 2nd Court, Sealdah to issue search warrant in connection with complaint case No. C-28 of 2001.

(2.) The present complainant/opposite party No. 1, Dr. Ranajit Biswas filed a petition of complaint against the present petitioner, who is his wife, and the sister and brother of his wife. The allegation made in the complaint is that the wife of the complainant used to leave the matrimonial home on trifling matters and used to live for days together at her father's house at Khardah, North 24 Parganas. It was alleged that on 31.7.99 she left her matrimonial home and thereafter she did not return. Suddenly on 17.3.2000 she along with her brother and sister and three other persons came to the house of the complainant, snatched the key of the flat from the complainant assaulted him and since then the complainant is not allowed to enter into the house and being a Doctor he is living in the doctor's quarters at N.R.S. hospital. The said petition of complaint was filed alleging commission of offence under sections 323/341/406/34 of the Indian Penal Code. On receipt of the petition of complaint the learned Magistrate took cognizance of the offence. After examining the complainant the learned Magistrate was satisfied about a prima facie case under sections 323/341 and 34 IPC. issued process under the said sections. Since the learned Magistrate was satisfied that no prima facie case could be made out under section 406 IPC, no process was issued under section 406 IPC.

(3.) In connection with the aforesaid case the complainant present opposite party No. 1 filed a petition under section 94 Cr.PC. with a prayer for issuing search warrant in respect of some articles including his wearing apparel, medical books and instruments. The complainant produced admit card before the learned Magistrate from which it appeared that the complainant was a candidate for forthcoming post graduate entrance examination. On such application under section 94 Cr PC the learned Magistrate directed notice to be issued calling upon the accused No. 1 (present petitioner) to show cause as to whey the complainant should not be allowed to get back his wearing apparel, medical books and medical instruments which are lying in the house, where the accused No. 1 resides. Such order was passed by the learned Magistrate on 25.1.2001.