SHRIMATI TILAKA DAS Vs. RINA DAS

JUDGEMENT

(1.) Heard teamed counsel Mr. J.M. Choudhury for the petitioner Smt. Tilaka Das, accused No. 2 in C.R. case No. 212 of 1986 U/Section 403/106 of the IPC of the Court of the Addi. Chief Judicial Magistrate, Nowgong, Complainant Smt. Rina Das instituted that case against Shri Kameswar Das, her husband and Smt. Tilaka Das, her mother-in-law. She was married to the accused No. 1 in the year 1980 and lived together till June, 1983. The articles described in Schedule KA of the complaint petition were given in her marriage and those are her Stridhan property. Those properties were taken to the house of her husband where they used those till June, 1983.

(2.) It is alleged in the complaint petition that she was tortured by the family members including accused No. 1 and 2 and finally drove her out of the house on 22-6-1983 by her husband. She was compelled to take shelter in the house of her parent with tier minor daughter. It is further alleged that the accused Nos. 1 and 2 retained her Stridhan property and have not returned those to her in spite of repeated reminders. She could come to know that her husband and mother-in-law are trying to misappropriate those Stridhan properties by disposing and selling the articles on the plea of paying her arrear of maintenance allowances obtained by her in M.R. case No. 51 of 1984.

(3.) Having taken cognizance of the complaint petition, AddI. C.J.M. examined the complaint under the provision of Section 200 of the Cr. P.C. and forming opinion issue process under section 200 of the Cr. P.C. and further directed to issue search warrant for seizure of the articles under Exhibit Ka by order dt. 16-5-1986, this is now impugned. The properties have been seized and placed in the zimma of the complainant.