LAISHRAM SHARAT SINGH Vs. LAISHRAM

JUDGEMENT

(1.) HEARD learned counsel, Mr. A. Mohindro, appearing for the petitioners, and learned counsel, Mr. P. Tamphamani Singh, appearing on behalf of learned counsel, Mr. N. Kumarjit Singh for the respondent.

(2.) THIS revisional application is directed against order dated 31.08.2009, passed by learned Sessions Judge, Manipur East, in Cril. Appeal No.11 of 2008. Learned Sessions Judge, by the impugned order, upheld the order dated 29.12.2008, passed by learned Judicial Magistrate, First Class, Imphal, in Complaint case No.44 of 2008. Learned Judicial Magistrate, First Class by the said order, dated 29.12.2008, allowed the complainant to take back her belongings, particulars of which mentioned in paragraph 8 of the complaint petition before that Court.

(3.) THE brief fact is that respondent, Smt. Laishram(O) Nomita Devi was married to one L. Surajkumar Singh, since deceased, and after marriage they lived and cohabited as husband and wife in the matrimonial home where the petitioners were also residing. Due to some reasons, the respondent and her husband constructed a separate house but could not shift their belongings from their matrimonial home and in the meantime, husband of the respondent L. Surajkumar Singh expired due to sudden heart attack. The respondent became helpless and when she went to her matrimonial home to bring back her articles but the petitioners restrained her and did not allow her to take back her articles as mentioned in paragraph 8 of the complaint petition filed before the Magistrate. Learned Magistrate, after hearing learned counsels of both sides, by the impugned order, dated 29.12.2008, allowed the petition of the complainant to take back her belongings, as mentioned in paragraph 8 of the complaint petition. The complaint case is still pending as submitted by learned counsels and the order was passed as an interim measure.