HARIPADA DAS Vs. STATE

JUDGEMENT

(1.) -This rule was issued in connection with an order dated 24.9.91 in Misc Case No. 253 of 1991, passed by the District Magistrate (J), South 24-Parganas, issuing a search warrant directing the officer-in-charge, Kasba Police Station to recover articles as mentioned in Schedule A and hand over the same after recovery to the opposite party No. 2.

(2.) The short fact of the case is that the opposite party No. 2 Smt. Rubi Das put in an application under section 94 of the Code of Criminal Procedure, claiming herself to be the lawful wife of one Bimal Das, since deceased and the marriage was solemnized to the year 1986, according to Hindu rites. It is pertinent to mention that a male child was born of the said wedlock. She was subjected to in human cruelties by the In-laws by the reason of her failure to bring a sum of Rs. 50,000/- from her father.

(3.) The husband had a Taxi bearing Registration No. WMT 4905 and after her husband's death the said Taxi had been stolen. She is the rightful owner of the Taxi. She was threatened with physical violence. However, to secure the possession of the Taxi, an order was made by the learned Magistrate in the manner aforesaid.