Amaresh Kumar Singh, J. - (1.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.
(2.) It appears that F.I.R. No. 142/97 has been registered at Police Station Kotwali, Sri Ganganagar under sections 406 and 498-A of the Indian Penal Code on the basis of a complaint filed by Smt. Anuradha. The complaint filed by Smt. Anuradha were sent by the Court for Police investigation under section 156(3) of the Criminal Procedure Code. The allegation of the complainant is to the effect that accused persons committed offences under sections 406 and 498-A of the Indian Penal Code. I have carefully gone through the complaint and the statements of the witnesses recorded by the Police.
(3.) The petitioner is the mother-in-law of the complainant. This application has been opposed by the learned Public Prosecutor on the ground that recoveries of certain articles which were given as dowry at the time of marriage and in respect of which offence under section 406 of the Indian Penal Code has been committed are yet to be recovered. The method of recovery by arresting the accused for the purpose of recovery and then forcing him or her to give information about the articles, does not appear to be warranted by any law and there is no force in this argument that for the purpose of recovery the arrest should be made. There is nothing to prevent the Investigating Officer from conducting search of the house and in which the articles in respect of offence under section 406 of the Indian Penal Code has been committed are reported to be placed or suspected to be placed. Besides nothing prevents the Investigating Officer from interrogating the applicant for the purpose of obtaining any voluntary information which she may choose to give to the Investigating Officer without any coercion.;