AI Structured Summary
Not yet generated for this judgment
Judgment
Ashim Kumar Roy, J.—Heard the Learned Counsels appearing on behalf of the parties. Perused the instant criminal revisional application as well as the application for appropriate order being CRAN No. 665 of 2010 filed on behalf of the opposite party No. 1.
The subject matter of challenge in the instant criminal revision was an order purportedly passed u/s 93 of the Code of Criminal Procedure, in connection with a case instituted on a complaint. Such order was passed simultaneously with the passing of an order u/s 202 of the Code of Criminal Procedure. In the meantime, police in execution of the search warrant seized some of the articles which are the subject matter of the search. However, admittedly during the pendency of this criminal revision the dispute between the parties has been settled out of Court and accordingly the complainant/opposite party filed an application before the Learned Court below disclosing their desire not to proceed with the said complaint case and also stating that they have no objection if the articles seized by the police in execution of the search warrant be returned to the petitioner.
It is thus now submitted by the learned advocate of the petitioner, in view of the aforesaid development his client is no more interested to press this application and this application may be allowed to be withdrawn. He further submitted that on the prayer of the petitioner for return of the seized articles, the Learned Court below fixed February 23, 2010 as the next date for hearing of the said application and fixed March 8, 2010 for hearing of the application for the opposite party for dropping of the said case.
Now, having considered the submissions made on behalf of the parties, I direct the Learned Magistrate to take up both the matters together on February 26, 2010. It is further directed that on that day the Learned Magistrate shall pass appropriate order in accordance with law. Both the parties are directed to be present in Court on February 26, 2010.
This criminal revisional application as well as the application being CRAN No. 665 of 2010, thus, stands disposed of.
The Office is directed to communicate this order to the Learned Court below at once.
Criminal Section is directed to supply urgent Photostat certified copy of this Judgement to the parties, if applied for, in course of today.