Chand Mohammad Ansari v. State Of West Bengal

Form No. J(2)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION

Present:

The Hon'ble Justice Jay Sengupta C.R.R. 291 of 2022 Chand Mohammad Ansari Vs The State of West Bengal For the Petitioner :

Mr. Abdur Rakib Mr. Kunal Ganguly For the State :

Mr. Madhusudan Sur Mr. Dipankar Paramanick Heard on :

11.03.2022 Judgment on :

11.03.2022 Jay Sengupta, J.:

This is an application challenging an order dated 05.01.2022 passed by the learned Chief Judicial Magistrate, Purba Bardhaman in Galsi Police Station Case No. 569 of 21 dated 29.10.2021. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the owner of the vehicle in question. The

vehicle was seized in respect of two different police cases. In one such case, the vehicle was released in favour of the petitioner. However, the same was re-seized in connection with the instant case. The petitioner had filed an application for return of the vehicle before the learned trial Court on 3rd December, 2021. Although several dates were fixed for hearing and in spite of the fact that the police had also filed a report in this regard, the application for return of vehicle has not been disposed of as yet. The same is pending for no fault of the petitioner and the vehicle is bearing the brunt of the weather.

Learned counsel appearing on behalf of the State submits that when an application has been filed for return of the vehicle, the same needs to be decided by the learned trial Court expeditiously. I have heard the submissions of the learned counsels appearing on behalf of the petitioner and the State and have perused the revision petition.

It appears that the petitioner's application for return of vehicle is pending for quite sometime.

In view of the above and in the interest of justice, I request the learned trial Court to decide the question of return of vehicle after hearing the necessary parties as expeditiously as possible, preferably within a period of one month from the next date of hearing. The merits of the case have not been gone into.

With these observations, the revisional application is disposed of.

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.

(Jay Sengupta, J.) ssi