Rima Mondal Biswas v. State Of West Bengal And ORS.

08.03.2021 Item no.15 Ct. No.30 AKG C.R.R. No. 261 of 2021 In the matter of:- Rima Mondal (Biswas).

.....petitioner Mr. Sumanta Chakraborty, Mr. Sukanta Chakraborty.

....for the Petitioner Ms. Sukanya Bhattacharyya, Md. Kutubuddin ......for the State.

The instant criminal revision is filed for a direction upon the Investigating Officer to comply with the order dated 30th December, 2020 and 15th January, 2021 passed by the learned Additional Chief Judicial Magistrate, Bongaon at North 24 Parganas in GR Case No. 1467 of 2020.

Suffice it to record that Gopalnagar Police Station Case No. 319 of 2020 was registered on the basis of a written complaint submitted by the petitioner under Sections 498A/406/315/34 of the Indian Penal Code.

The said Police Station Case is still under investigation. The grievance of the petitioner is that in the schedule of the statement of complaint, the petitioner gave description of some gold ornaments. However, the said gold ornaments are not seized by the Investigating Officer as yet.

The Investigating Officer also does not clear to comply with the order dated 30th December, 2020 and 15th January, 2021 passed by the learned Additional Chief Judicial Magistrate, Bongaon directing him to seize streedhan properties of the petitioner.

The learned Public Prosecutor-in-Charge on the other hand has drawn my attention to the seizure list dated 30th December, 2020 wherefrom it is ascertained that the Investigating Officer already seized one refrigerator, furniture, beddings, one pitcher etc.

On perusal of the said seizure list, it is ascertained that the Investigating Officer failed to seize the gold ornaments of the defacto complainant which was got at the time of her marriage and which were allegedly kept in safe custody of her husband. In view of such circumstances, the instant criminal revision is disposed of directing the Investigating Officer to ascertain in course of investigation as to whether the gold ornaments of the petitioner is lying in the custody of her husband and if so, the Investigating Officer shall seize the said gold ornaments within 15 days from the date of communication of this order. The learned advocate for the petitioner is at liberty to communicate the server copy of the order within two days from date for information and compliance by the Investigating Officer. The instant criminal revision is, thus, disposed of. However, there shall be no order as to costs.

(Bibek Chaudhuri, J.)