Mrs. Abantika Debnath (Ghosh) vs The State of West Bengal and Others

Joymalya Bagchi, J.—Affidavit of service filed in Court today is taken on record. The writ petitioner is the de facto complainant in Noapara Police Station Case No. 177/13 dated 29th June, 2013 under Sections 498(A)/406/34 of the Indian Penal Code.

The crux of the allegation in the criminal case is to the effect that the petitioner was mentally and physically tortured by the husband and in-laws being respondent Nos. 4 to 6 herein and was driven out from the matrimonial home. She has also alleged that her Stridhan property, a list whereof was appended to the first information report, was misappropriated by the private respondents.

The petitioner complains that inadequate investigation was made in the matter of recovery of Stridhan articles and only a few articles except gold ornaments were recovered from the matrimonial home.

Mr. Joyok Gupta, learned advocate appearing on behalf of the petitioner, submits that the said gold ornaments had been pledged by the accused persons with HDFC Bank and after their release, the said articles were kept in a locker maintained at Allahabad Bank, Kanthadhar Branch, standing in the name of respondent Nos. 4 and 6.

Learned advocate on behalf of the State submits that effective investigation was made and recoveries had been effected. In conclusion of investigation, charge-sheet has been submitted. The accused persons being the private respondent Nos. 4 to 6 are presently on bail. He files a report as to steps taken by the police during the investigation. Such report is kept with the record.

I have considered the submissions of the parties as also the materials on record. I find from the report filed by State respondents that no steps were taken by the Investigating Agency to search the locker maintained by respondent No. 4 and 6 at Allahabad Bank, Kanthadhar Branch.

In spite of service no one appears on behalf of the private respondents.

It appears from the pleadings in the petition and the documents annexed thereto, there are reasons to believe that some Stridhan articles may have been secreted in the said bank locker.

I am, therefore, of the considered view that in the aforesaid factual matrix, further investigation is required to be made by effecting search in the bank locker maintained by respondent No. 4 and 6 at Allahabad Bank, Kanthadhar Branch in order to ascertain as to whether any Stridhan article of the petitioner is secreted therein.

Accordingly, I dispose of the writ petition directing respondent No. 3 to conduct further investigation in the matter by taking steps to open and search the locker maintained by respondent No. 4 and 6 herein at Allahabad Bank, Kanthadhar Branch within four weeks from date and to seize Stridhan articles of the petitioner, if any, lying therein. The search shall be conducted after giving due notice to the petitioner and the respondent Nos. 4 to 6 herein and in their presence. The petitioner and all other respondents including the respondent bank shall render all possible assistance to respondent No. 3 to conduct the said search and seizure, if any.

In the event search results in seizure of any Stridhan articles, the same shall be promptly reported to the learned Magistrate in accordance with law and the concerned parties, namely, the petitioner and the respondent Nos. 4 to 6 herein shall be at liberty to raise their rival claims regarding the custody of such seized articles under the provisions of the Code of Criminal Procedure. There will be no order as to costs.