- (1.) This Re - visional Application is directed against the order dated 12.5.98 passed by Sri D. Singha, Judicial Magistrate, 1st Class, Barrackpore in Case No. C-419/98 (T.36/98) disguising a complaint of the petitioner under section 203, Cr. P. C.
(2.) The applicant lodged that complaint before the Court below against the opposite parties under sections 406, 323, 504 and 506, I.P.C. on the allegations that the O.P. accused No. 1 and Nos. 2 to 4 being husband and in- laws respectively of the complaint's daughter, since deceased, who allegedly murdered her by setting fire on her body and against whom a police case under section 302, IPC was pending on that score had illegally taken away various articles including gold ornaments, garments, utensils, etc. which were presented by the complainant to her daughter during her marriage ceremony as dowries and misappropriated the same. When the petitioner after the demise of her daughter approached them with a request to deliver back the same to her, they refused to do so and abused her in filthy language and assaulted her with fists and blows. The details of the articles were annexed to the complaint in a separate sheet and the complaint was accompanied by another petition under section 93/94, Cr. P. C. praying for issue of a search warrant for recovery of the listed articles for the custody of the accused - O.P.s.
(3.) After taking initial depositions of the complainant and her two witnesses the learned Magistrate was not satisfied about the making out of prima facie case in support of the allegations in the complaint and was also of the view that until the police case against the accused persons under section 302 IPC was disposed of and the charge of murder against them was proved it could not be said that the accused - husband was disqualified from inheriting the property left by his wife under section 25, Hindu Succession Act. Accordingly he dismissed the complaint under section 203, Cr. P. C. as well as the petition for search warrant.;