Anand Rajgarhia @ Anand Kumar ... vs Unknown
2022 Latest Caselaw 514 Cal

Court No.

C.R.R. 2216 of 2021 Item 10 Ssi In the matter of:- Anand Rajgarhia @ Anand Kumar Rajgarhia 11.02.

& ors..

(via video conference)

Mr. Sourav Chatterjee Mr. Souvik Nandy Mr. Soumya Nag

...for the petitioners Mr. Sabyasachi Banerjee Mr. Nigamish Chakraborty Ms. Shrestha Bhattacharjee ...for the opposite parties

This is an application challenging judgment and

order dated 07.10.2021 passed by the learned

Additional Sessions Judge, 1st Court, Sealdah, South 24

Parganas in Criminal Motion No. 11 of 2021, thereby

dismissing the same and affirming the order dated

22.02.2021 passed by the learned Additional Chief

Judicial Magistrate, Sealdah, South 24 Parganas in GR

Case No. 3389 of 2019.

Learned counsel appearing on behalf of the

petitioners submits as follows. The petitioners are the

accused in this case. They had prayed for return of

certain articles were seized from a bank locker in

connection with the present case under Sections 498A,

406 read with Section 34 of the Indian Penal Code and

Sections 3 and 4 of the Dowry Prohibition Act. In fact,

both sides filed an applications for return of articles.

The investigating agency filed three different reports at

three different points of time. It is pertinent to mention

that in connection with a revisional application filed by

the defacto-complainant before this Court, by an order

dated 30.09.2021 passed in CRR 1422 of 2021, this

Court was pleased to refer the matter to the mediation

and conciliation committee of this Court. The matter is

still pending.

Learned counsel appearing on behalf of the

defacto-complainant undertakes to file a Vakalatnama

in course of this day. He vehemently opposes the prayer

of the petitioners and submits that the learned

revisional Court had rightly dismissed the revisional

application preferred by the petitioners and held that

the learned Magistrate have full power to return the

articles to the defacto-complainant under Section 257 of

the Code.

A copy of the application is served upon the

learned counsel for the opposite party no.2 in Court

today.

Let the petitioners serve a copy of this application

upon the State through the learned Public Prosecutor,

within a week. An affidavit of service to that effect shall

be filed on the next date of hearing.

Let this matter appear as a "Listed Motion" in the

first week of March, 2022.

The State is directed to produce the case diary on

the next date of hearing.

The petitioners shall be at liberty to pray for an

adjournment before the learned trial Court on the next

date fixed for hearing i.e. on 18.02.2022.

Urgent photostat certified copies of this order may

be delivered to the learned Advocates for the parties, if

applied for, upon compliance of all formalities.

The parties shall act on the basis of copy of the

order downloaded from the official website of this Court.

(Jay Sengupta, J.)