- (1.) Salanpur Police Station initiated a proceeding under Section 406 of the Indian Penal Code as against the petitioners in terms of an order, passed by the learned Additional Chief Judicial Magistrate Asansole under Section 156(3) of the Code of Criminal Procedure. On perusal of the petition filed
(2.) under Section 156(3) of the Code of Criminal Procedure, the following facts reveled :- i) Petitioner No. 2 married opposite party No. 2 after taking dowry of Rs. 2.51 lakh in cash apart from gold ornaments, furniture, utensils and other gifts. ii) The respondent No. 2 went to her matrimonial home along with the dowry. Her in-laws took all the gold ornaments from her whereas the cash was taken by the husband. iii) There was constant pressure by the in-laws for money for purchasing a flat. On that score, there was discord between the couple. iv) As a result, she left her matrimonial home. v) She prayed for return of the Stridhan properties and punishment under Section 406 of the Indian Penal Code. The learned Magistrate perused the petition and observed that there was no prima facie evidence of ownership regarding the listed articles and refused to issue search warrant at that stage.
(3.) Being aggrieved, the respondent No. 2 approached the learned Sessions Judge for revision. The Additional Sessions Judge, Third Court, Asansole considered the prayer and allowed the application on contest by setting aside the order of the Court below. He allowed prayer for search and seizure, hence, the applications for revision by the petitioners. In course of hearing I adjourned the matter from time to time so that the matter could be resolved. However, I was unsuccessful. The matter was then heard.;