Calcutta High Court (Appellete Side)
Sumanta Kumar Datta & Ors vs Sarmistha Datta on 9 December, 2014
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1
Form No. J(1)
In the High Court at Calcutta
Criminal Revisional Jurisdiction
Appellate Side
Present
The Hon'ble Justice Ashim Kumar Roy
CRR No. 3378 of 2014
Sumanta Kumar Datta & Ors.
Versus
Sarmistha Datta
For the petitioners : Mr. Shuvanil Chakraborty
Heard on : 13-11-2014
Judgment on : 9.12.2014
Ashim Kumar Roy, J.:
The wife/opposite party has lodged an FIR against the petitioners who happen to be her husband and relations for alleged commission of an offence punishable under Section 498A IPC as also under Section 406 IPC. In connection with the said case, she simultaneously moved a competent court invoking Section 94 Cr. P.C. for issuance of search warrant for recovery of her Stridhan articles.
Aggrieved by such order, the petitioners have approached this court. It is contended by the learned Counsel for the petitioners that when already the wife/opposite party has taken recourse to a legal remedy available to her by lodging an FIR and when police has legally empowered to recover those Streedhan articles in course of investigation, the question of moving a court invoking Section 94 Cr. P.C. for issuance of search warrant, is totally an abuse of process of court. He contended that those Streedhan articles not being the stolen properties, the learned Magistrate has no authority to assume jurisdiction conferred upon him under Section 94 Cr. P.C. and to issue search warrant. The contention of the learned Counsel for the petitioners has no merit.
So far as the Streedhan articles are concerned which are the subject matter of criminal breach of trust, are stolen properties within the meaning of Section 410 IPC and 2 according to the provision of Section 94 Cr. P.C., in proper case, a court is very much empowered to issue search warrant for recovery of stolen articles. There is no prohibition in law, simply because an FIR has been lodged for an offence of criminal breach of trust in respect of some properties and investigation is going on and during the investigation, the police is empowered to recover those articles, to issue search warrant for recovery of those stridhans properties. The contention of the learned Counsel of the petitioners that the learned Sub-divisional Magistrate, Krishnagar is lacking of territorial jurisdiction to issue search warrant, according to the wife/opposite party, those stridhan articles were lying at her matrimonial home at Kalyani.
However, going through the materials on record, it appears that after she being driven out from her matrimonial home, she had taken shelter at Nabadwip, which is very much within the territorial limits of the court of the Sub-divisional Magistrate, Krishnagar. Furthermore, any offence of criminal breach of trust punishable under Section 406 IPC and according to the provision of sub-Section 4 of Section 181 Cr. P.C., can very well be tried by a court within whose local jurisdiction the offence was committed or any part of the property which is the subject matter of the offence was received or retained or was required to be returned or account for by the accused persons. So far as this case is concerned, the marriage was held at Nabadwip and at the time of the marriage, those Stridhan articles were made over and after she was driven out from her matrimonial home as she has taken shelter at Kalyani at her parents' home, the same is required to be returned to her at that place. Therefore, the court concerned has every jurisdiction to issue search warrant.
The contention of the learned advocate of the petitioner the de facto complainant cannot have approached the Sub-Divisional Magistrate for issuance of such warrant is fully without any substance.
In view of above, this application is dismissed and disposed of. 3 It is made however clear that pendency of the application of issuance of such warrant will not operate as a bar for the police to exercise its power for recovery of the same.
Urgent xerox certified copy of this order, if applied for, be given to the parties within a week from the date of making such application.
(Ashim Kumar Roy, J.)