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1956 Supreme(Cal) 166

DEBABRATA MOOKHERJEE
RAJENDRA NATH MONDAL – Appellant
Versus
ANUKUL CHANDRA BISWAS – Respondent


Advocates Appeared:
Arun Kumar Dutt, NILMONI GOSVAMI

DEBABRATA MOOKERJEE, J.

( 1 ) THIS is a reference made by the Additional Sessions Judge of Hooghl recommending that a search warrant under Section 100 of the Code of Criminal Procedure for discovery of a minor girl be quashed.

( 2 ) THE facts briefly stated are that one Rajendra Nath Mondal applied to the Sub-Divisional Magistrate of Chinsurah for the issue of a search warrant for discovery of his wife who was said to have been detained by the girl's father at a place in the district of Nadia. The allegations by the applicant husband were that Parvati, a minor, had been taken away by her father, Anukul Chandra Biswas about a year and a half prior to the date of the application, In her father's house Parvati gave birth to a child and she was thereafter detained against her wishes by the father. On receipt of this application the Sub-Divisional Magistrate, Chin-surah, directed the issue of a search warrant under Section 100 of the Code of Criminal Procedure for recovery of the girl. The opposite party Anukul Chandra Biswas appeared before the Sub-Divisional Magistrate, Chinsurah, and made certain representations with a view to inducing the Magistrate to recall the search warrant. S






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