Amina Khatun v. State Of West Bengal And ORS.
Form J(2) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :
The Hon'ble Justice Bibek Chaudhuri CRR 1145 of 2021 Amina Khatun Vs.
State of West Bengal and Ors.
Item No.54.
Heard & Judgment on:
07.07.2022 Bibek Chaudhuri, J.
None appears on behalf of the petitioner.
In the instant application it is pleaded by the petitioner that she is the legally married wife of opposite party No.2 and her marriage was held as per Mohamedan rites and customs on 19th May, 2017. At the time of marriage she was given several valuable articles including gold ornaments as her 'stridhan' articles. The petitioner came to her matrimonial home with her 'stridhan' article. Subsequently, the opposite party No.2 demanded a sum of Rs.5 lakhs towards further dowry from the father of the petitioner. The petitioner expressed her inability to bring such money from her father. As a result of which, she was subjected to torture. Subsequently, the petitioner was driven out from her matrimonial home and she has been residing at her paternal home.
The petitioner filed an application under Section 94 of the Code of Criminal Procedure before the Executive Magistrate, Berhampore which was registered as Case No.1946 of 2020. On 29th July, 2020 the learned Magistrate directed the Officerin-charge of Domkal Police Station to recover 'stridhan' articles of the petitioner and to keep the same under police custody under proper seizure list. The Inspector-in-charge of Domkal P.S. complied with the said order and seized 'stridhan' articles of the petitioner under a seizure list from her matrimonial home. It is alleged by the petitioner that all her 'stridhan' articles were not seized by the police. She made further application before the Executive Magistrate on 18th September, 2020 and the learned Magistrate disposed of the case No.1946 of 2020 directing the Officer-in-charge of Domkal P.S.
to ascertain the claim of the petitioner as to whether she is the rightful owner of the seized article or not. The said order is under challenge. On careful perusal of the impugned order I do not find any illegality or impropriety and accordingly, the instant revision is dismissed.
(Bibek Chaudhuri, J.)