ALIA BIBI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Section 482, Cr.P.C. registered as C.R.R. No. 1803 of 2007 is directed against the order dated 10.4.2007 passed by learned Additional Sessions Judge, 2nd Court, Berhampur in Criminal Revision No. 224 of 2006 affirming the order of learned Judicial Magistrate, Berhampur in C.R. No. 318 of 2006 refusing to issue search warrant for recovery of son aged 4 and 1/2 years of the petitioner,

(2.) The petitioner is a legally married wife of O.P. No. 2 Amjad Hossain according to Mohammedan Law. In wedlock of the parties one son aged four and half years and one daughter aged 3 years were born. All the O.Ps. No. 2 to 4 subjected the petitioner to cruelty and on 1.6.2007 the O.Ps' assaulted the petitioner and snatched her children from her custody and drove her out of their house. Then the father of the petitioner took her to his house. The O.P. Nos. 2 to 4 wrongfully confined the children of the petitioner. P.S. was informed. The petitioner filed-petition of complaint under Section 323/342/34, I.P.C and in that complaint petition she also filed a petition for search warrant for recovery oil her children from the O.P. No. 2 only.

(3.) Learned Magistrate found a prima facie case against the O.P. No. 2 only and issued process under Section 323/342, I.P.C and also issued search warrant for recovery of the daughter of the petitioner but refused to issue search warrant for recovery of son of the petitioner.