- (1.) By this applicated dated 22.9.2006 challenge is made to the order dated 29.6.2005 passed by learned Additional Sessions Judge, 7th Fast Track Court, Alipore, South 24-Parganas in Criminal Motion No. 23 of 2003 setting aside the order of the learned ACJM, Alipore in connection with T.R. No. 375 of 2004 whereby the learned ACJM allowed the petitioner's prayer for search warrant against the opposite party herein in the matter of recovery of articles as was described in the schedule to the petition.
(2.) On the demise of petitioner's father the ornaments belonging to her parents were kept in a locker at Allahabad Bank, Harish Mukherjee Road, Kolkata. Another locker, being No. 156 was hired by the petitioner and the opposite party No. 1 jointly at Punjab National Bank, Lake Area Branch wherein all ornaments left by her parents were kept and the key of the locker was in the custody of the opposite party No. 1 who is fact had operated the locker alone to the exclusion of the petitioner during the period from 16.12.1986 to 13.06.1988. On 9.8.2004 the locker was opened in presence of the petitioner, her sister Chinu, the authorized representative of the opposite party No. 1 but nothing was found in the locker and on that day the opposite party No. 1 closed the locker and the Savings Bank Account. The opposite party No. 1 was requested to return back the ornaments but in vain. The petitioner then filed the complaint before the learned CJM, Alipore alleging offences under Section 403/406 of the I.P.C. and prayed for search warrant for recovery of ornaments by searching the personal locker of the opposite party No. 1 in Punjab National Bank at Tollygunge Branch and also by searching the bed room of the opposite party No. 1 wherein valuable articles were kept in steel Almirah at 33 Russa Road (South) 3rd Lane, Kolkata - 700 033. In the application a list of gold ornaments left by the parents of the petitioner and which were kept in the locker No. 156 annexed.
(3.) Learned ACJM, Alipore on 8.12.2004 upon examination of the two witnesses issued processes under Section 403/406 of the I.P.C., and in respect of the petition under Section 94 of the Cr.P.C. he, on consideration of the same, allowed it and directed the O.C. of Jadavpur Police Station and Charu Market Police Station for execution of the search warrant by 23.12.2004.;