- (1.) The subject matter of challenge in this writ application is criminal proceedings initiated on the basis of a First Information Report (referred to as FIR). The FIR No. 76/93 was recorded on a complaint by the writ of the petitioner No. 1 being the respondent No. 10 herein. In the FIR it has been said : - "The accused person subjected the complaint to physical and mental torture in furtherances (sic) of their common intention and also committed crimi nal breach of trust in respect of gold ornaments and valuable articles belonging to the complainant which were entrusted to the accused persons at the above noted date, time and place." The FIR has been prepared on the basis of the statement of the respondent No. 10 which was recorded in Bengali on 16-6-93. The statement roughly translated reads as follows : "My name is Bhaswati Mukherjee. My father's name is late Dulal Chandra Bhattacharjee. My father's house is at P. 150 B CIT R-9 Scheme, Kankurgachi, Calcutta 54. I am 28 years old. I have passed the Higher Secondary Examination. On 11- 8-84. I was duly married to Tapan Kumar Mukherjee son of Binoy Mukherjee, resident of 740-A/1, Block 'P', New Alipore, Calcutta 53. Tapan Mukherjee is a lawyer by profession. He practises in the High Court. At the time of my marriage my middle brother-in-law (Sejho Bhasur) Sushil Kumar Mukherjee and my sister-in-law Geeta Rani Mukherjee demanded Rs. 20,000 in cash and 40 bhoris of gold from my mother. My mother and my relatives have fulfilled the demand of the groom's family. 15 days after the marriage my husband took away my entire jewellery and put them in a box which was kept in an almirah, the key of which remains with my mother-in-law. All my possessions were grabbed from me by my husband and if I ever asked for these he refused to give them to me. All my good sarees were torn into pieces by him. When I asked him the reason, he said "Besh Karechi, Tore Mayer Kache Thekay niaye aay." The two persons who were employed to work in the house were driven away and I was made to do all the work. One month after my marriage I became pregnant. During that time my husband pressurised me to get all jewelleries from my mother. Upon my refusal he started torturing me grievously. When my husband used to beat me then my sister-in-law and brother -in-law far from portecting me incited my husband to heat me. Almost every day my husband sister-in-law and brother-in-law used to torture me inhumanly both physically and mentally. Almost every day I was not given to eat. I told my mother of this torture as well as to other relatives of my father's house. They used to tell me to bear everything. They used to tell me that everything would become alright later. I also told the other people of my father-in -law's house about the torture. I left for my mother's house when I was 8 months pregnant. There I gave birth to a daughter. At that time my mother paid for my entire expenses. My husband did not make any enquiry either about me or the child and did not make any payment. When my daughter was 5 months old I was forced to phone my husband. My husband said as a daughter had been born, my mother should be told to take the entire responsibility, and "what ever you want to do you could do". Saying this, he put the phone down. Then I was forced to go to the Mahila Samity at Red Cross Place for help. Then they suggested me to contact Justice Padma Khastagir and pray for help from her. She having heard every thing from me stopped all the Briefs of my husband. Exactly one week later later my husband came to my mother's house and asked for forgiveness from me and my mother and insisted on taking me back. Thinking about my helpless condition I decided to return to my husband's house and ultimately I re turned to my father-in-law's house. After this for about one month there was no bad behaviour with me. My husband then told me to ring up Justice Padma Khastagir and to tell her that my husband was not behaving badly with me any more. I acted accordingly to his request. A few days later, my husband started behaving badly with me like before. He started beating me up and he told me to get my father's house conveyed in my name. After this I, in the middle of 88 became pregnant again and when I was carrying six months my husband kicked me with great force in my abdomen, as a result of which I became very ill and the Doctor told me to take complete rest. My mother brought me to my father's house. Because of vacating the ground floor of my father's house by a tenant, the ground floor became vacant. My husband brought all the articles received at the time of marriage to the said room on the ground floor. After staying in my father's house for about a month my husband took me back to my father-in-law's house. After this on my daughter's birth day my husband brought me and my daughter to my father's house. My brother-in-law also came. After this my husband brought a lot of mutton and flour and told me to cook meat and luchi. As I was ill, I was not agreeable to cook whereupon my husband hit me with great force on my stomach with a rolling pin and also abused me filthily. My bother- in-law also joined in this. This incident was seen by the servants in our house who called my mother. Then my mother came and tried to stop them. They continued to create disturbance with her and then they went home. When I was taken to a Doctor he told me to take sonograph. From the sonograph report it was revealed that the child's condition was very bad. The Doctor told me to take complete rest. On 9/08/1989 I gave birth to a son. The entire expense in this connection was paid by my sister's husband as well as by myself. After this I have been living with my mother. Sometimes my husband comes to our house in drunken state accompanied by a lot of persons and behaves in an obscene manner. He also tries to frighten me over the phone and also threatenes me that he will pick me and the children up and kill us all. Once in a drunken state he had beaten my mother up and broken two of her front teeth. I had complained about all these torture to the Phulbagan Thanna. Even now he carries on all these kinds of torture. I would request you to help in this connection so that I can live safely with my chil dren."
(2.) It appears from the records that along with the letter of complaint dated 16/06/1993 there was a list of jewellery, sarees and warm clothes. Accord ing to the records as noted by G. Roy of the Detective Department the respondent Nos. 10's complaint was placed before the DCDD who ordered as case to be started under Section 498A, 406/34 of the Indian Penal Code against the accused persons and to take up investigation. Investigation was accordingly, taken up. Statements were recorded of Gouri Bhattacharya, Arati Jana, Tapati Mukherjee and other family members of the respondent No. 10. A further statement was also taken from the respon dent No. 10.
(3.) A report was then submitted to the DCDD by the said G. Roy. A request was made for the search of the matrimonial house of the petitioner No. 1 and the respondent No. 10. The permission was granted on 7/07/1993. A search warrant was issued by the Assistant Chief Judicial Magistrate, Sealdah on 8/07/1993. A search warrant was issued on the basis that the residence of the petitioners was used as a place for the concealment of properties in connec tion with the complaint No. 76 dated 17-6-93 under Sections 498/406/34, I.P.C. The search was con ducted.;