DILIP KUMAR SENGUPTA Vs. SHIULI SEN

JUDGEMENT

(1.) Heard Mr. R.P. Sarmah, learned Senior counsel for the petitioners. Also heard Mr. S. Dutta, learned counsel appearing for the respondent. By this application under Section 482 Cr.P.C., read with Article 227 of the Constitution of India, the petitioners have challenged the orders dated 12.08.2013 and 06.09.2013 whereunder search - warrant under Section 93(1)(c) of Cr.P.C was issued by the learned Sub-Divisional Judicial Magistrate, Hojai, Sankardev Nagar in CR Case No. 313/2013.

(2.) The pleaded case in the petition is that the respondent is the daughter-in-law of petitioner No. 3 and she was married to the elder son of the petitioner No. 3 on 25.05.2009 and after marriage they started to live at Dibrugarh where her son was working as a Railway employee. The petitioner No. 1 is the brother of the petitioner No. 3 and the petitioner No. 2 is the youngest son of the petitioner No. 3.

(3.) On 08.03.2013, husband of the respondent committed suicide and at that relevant point of time, the respondent was at her paternal house at Lumding. She reached Dibrugarh on the next day after the cremation of the dead body. It is alleged that after completion of the shradha ceremony, the respondent started to torture the petitioner No. 3 and she was not allowed to use the toilet, bathroom and running water of the quarter. She, after locking the railway quarter, had left for her paternal house carrying all valuable gold ornaments and other properties. The petitioner No. 3 filed an ejahar before the Officer-in-Charge, Dibrugarh Police Station on 11.04.2013 accusing the respondent Of abetting the suicide. The police, after receiving the ejahar, registered a case being Dibrugarh PS Case No. 447/13 under Section 306 IPC. It is also averred in the petition that the respondent was having an illicit affair leading the husband to commit suicide.