- (1.) This criminal revision is preferred by the revisionists against the judgment and order dated 17 March 1991 passed by the Chief Judicial Magistrate, Fatehpur in Case Crime No.106 of 1996 under Sections 498-A/304-B IPC, Police Station Kotwali, District Fatehpur (State vs. Zahir Ahmad and others).
(2.) The Chief Judicial Magistrate vide his order dated 17.6.1996 directed that the dowry property which was stridhan belonging to the deceased concerning Case Crime No.106 of 1996, Police Station Kotwali, District Fatehpur under Sections 304-B and 498-A IPC be released in favour of the complainant-applicant on furnishing adequate security till the pendency of the trial failing which a case under section 406 IPC be registered. Being aggrieved by the order of the Chief Judicial Magistrate, Fatehpur, this revision has been preferred by the revisionists.
(3.) The main contention of the learned counsel for the revisionists is that the articles of dowry cannot be given in the custody of the complainant unless the entire evidence is complete and the judgment is delivered. It is also contended that the list attached with the application dated 6.6.1996 is forged and neither Rais Ahmad, the husband nor Zahir Ahmad have signed the list, therefore, the order directing return of articles is illegal, arbitrary and is liable to be set aside.;