Raju Kumar Mondal v. Anushree Ghosh And ANR

C.R.R.1259 of 2021 D/L15 30.03.2023 Bpg.

In Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure;

Shri Raju Kumar Mondal

Versus

Smt. Anushree Ghosh and another Mr. Golam Mostafa, Mr. Samirul Sardar.

...for the petitioner.

Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan.

...for the State.

Report submitted by Mr. Arijit Ganguly, learned advocate appearing for the State be kept with the record. Report reflects that pursuant to the order passed by the learned Judicial Magistrate, 1st Court, Berhampore, Murshidabad, the search warrant was executed and compliance report was also submitted before learned Judicial Magistrate, 1st Court, Berhampore, Murshidabad on 2nd April, 2020.

The present revisional application was affirmed and filed in the year 2021.

Mr.

Mostafa, learned advocate appearing for the petitioner challenges the subject matter of the seizure. However, the said issue is not before this Court. As the search warrant being executed, the revisional application becomes infructuous. So far as the articles which were seized, the petitioner

would be at liberty to take up the issue regarding the subject matter of the articles whether the same belong to them or to the complainant.

With the aforesaid observations, CRR 1259 of 2021 is disposed of.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)