RAJENDRA NATH MONDAL Vs. ANUKUL CHANDRA BISWAS

JUDGEMENT

(1.) This is a reference made by the Additional Sessions Judge of Hooghl recommending that a search warrant under Section 100 of the Code of Criminal Procedure for discovery of a minor girl be quashed.

(2.) The facts briefly stated are that one Rajendra Nath Mondal applied to the Sub-Divisional Magistrate of Chinsurah for the issue of a search warrant for discovery of his wife who was said to have been detained by the girl's father at a place in the district of Nadia. The allegations by the applicant husband were that Parvati, a minor, had been taken away by her father, Anukul Chandra Biswas about a year and a half prior to the date of the application, In her father's house Parvati gave birth to a child and she was thereafter detained against her wishes by the father. On receipt of this application the Sub-Divisional Magistrate, Chin-surah, directed the issue of a search warrant under Section 100 of the Code of Criminal Procedure for recovery of the girl. The opposite party Anukul Chandra Biswas appeared before the Sub-Divisional Magistrate, Chinsurah, and made certain representations with a view to inducing the Magistrate to recall the search warrant. Several allegations were made against the husband who it was said had been living in the house of one of his fathers-in-law he having taken several wives. A further objection was taken that the Sub-Divisional Magistrate, Chinsurah, had no jurisdiction to entertain the application under Section 100, Cr. P. C. The learned Magistrate was not impressed with any of the objections raised and he allowed the order of search warrant, which had already been made to stand. The petitioner thereafter applied to the Sessions Judge, Hooghly for a reference to this Court with the recommendation that' the warrant be quashed. The matter was dealt with by the Additional Sessions Judge who has made this reference recommending that the order of the' Magistrate directing the issue of the warrant be set aside.

(3.) The learned Judge seems to be of the view that it was not quite clear whether" the girl was a minor on the date of the application since her age was not mentioned in it by the opposite party. It was also observed that the materials appeared to be insufficient for the Magistrate's satisfaction that there was any foundation for the allegations made by the applicant. The learned Judge took the view that the order directing the issue of search warrant for discovery of the girl was bad by reason of the fact that the Sub-Divisional Magistrate of Chinsurah had no jurisdiction to issue a search warrant for discovery of a girl who was said to be detained outside the jurisdiction of the Magistrate's Court. According to the husband the girl was being detained at a place within the jurisdiction of the Nadia Court and that being so, the learned Judge thought that the order directing the issue of the warrant was without jurisdiction.