SATYA NARAYAN CHOWDHURI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The order dated 16-5-97 passed in M.P. Case No. 367(S) of 1997 by the learned Sub-Divisional Magistrate, Sadar, Hooghly forms the subject, matter of the challenge in the instant revisional application filed under Sections 401 and 482 of the Code of Criminal Procedure.

(2.) The said M.P. case arose out of an application that was filed by the wife/opposite party No. 2 under Section 94 of the Code of Criminal Procedure praying for recovery of certain properties mentioned in the schedule annexed to that petition on the strength of a Search Warrant to be issued against the husband-petitioner. The averments made in the said application under Section 94 of the Code of Criminal Procedure may be stated as follows :

(3.) On the basis of this application under Section 94 of the Code of Criminal Procedure, the learned Magistrate by his order No. 1, dated 16-5-97 recorded his satisfiaction that the husband had forcibly kept the scheduled articles in his custody with a view to misappropriate them and that immediate recovery of the said articles from the illegal custody of the husband was expedient and in such view of the matter the learned Magistrate ordered issuance of search warrant under Section 94 of the Code of Criminal Procedure directing the O.C. Chinsurah Police Station to search the matrimonial home in order to recover the scheduled articles as per identification of the wife and seize them for further orders towards their delivery to the wife. The learned Magistrate fixed 2-6-97 as the date for production of the articles.