TAPAN KUMAR MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject matter of challenge in this writ application is criminal proceedings initiated on the basis of a First Information Report (referred to as FIR). The FIR No. 76/93 was recorded on a complaint by the writ of the petitioner No. 1 being the respondent No. 10 herein. In the FIR it has been said : -

(2.) It appears from the records that along with the letter of complaint dated 16/06/1993 there was a list of jewellery, sarees and warm clothes. Accord ing to the records as noted by G. Roy of the Detective Department the respondent Nos. 10's complaint was placed before the DCDD who ordered as case to be started under Section 498A, 406/34 of the Indian Penal Code against the accused persons and to take up investigation. Investigation was accordingly, taken up. Statements were recorded of Gouri Bhattacharya, Arati Jana, Tapati Mukherjee and other family members of the respondent No. 10. A further statement was also taken from the respon dent No. 10.

(3.) A report was then submitted to the DCDD by the said G. Roy. A request was made for the search of the matrimonial house of the petitioner No. 1 and the respondent No. 10. The permission was granted on 7/07/1993. A search warrant was issued by the Assistant Chief Judicial Magistrate, Sealdah on 8/07/1993. A search warrant was issued on the basis that the residence of the petitioners was used as a place for the concealment of properties in connec tion with the complaint No. 76 dated 17-6-93 under Sections 498/406/34, I.P.C. The search was con ducted.