MOHAMMAD ASGHAR HUSSAIN Vs. RESHMA NAZREEN AND STATE

JUDGEMENT

(1.) The revisional application has been preferred against the orders dated 30-11-95 and 4-12-95 passed by the Ld. Judicial Magistrate, 1st Court, Sealdah in complaint case No. C-508 of 1995 (I. R. Case No. 126 of 1995).

(2.) The case of the petitioners is that O. P. No. 1 being the wife of petitioner No. 1 started a case under S. 498A and 406, I.P.C. against the present petitioners being the husband's brother-in-law and mother-in-law respectively with an ulterior motive. The allegation made in the complaint case in short is that after marriage she used to be ill-treated by the petitioners and the gold ornaments entrusted to them were not returned to her. The learned Magistrate without assigning any reason issued process and also search warrant for recovery of alleged stolen articles which is the subject matter of alleged breach of trust. The petitioner Nos. 1 and 2 were arrested following issuance of compelling process and subsequently released on bail. Warrant of arrest issued against petitioner No. 3 was however stayed by this Court. The issuance of compelling process at the first instance and also search warrant without any reasonable cause as also the release of some of the seized articles in favour of O. P. No. 1 on bond have been challenged.

(3.) It has been argued for the petitioners that warrant of arrest was issued at the first instance in a complaint case and search warrant has also been issued without assigning any adequate reason. The order of rejection of bail by the learned Judicial Magistrate has been criticised.