Bank Of Baroda v. The State Of West Bengal And ORS.

In the High Court at Calcutta 24th Oct.,2025 Item no.M/L 269 Court No. 14 Constitutional Writ Jurisdiction Pradip, A.R.(Ct.) Appellate Side Case No.

WPA 19681 of 2025 In the matter of :

Bank of Baroda & Anr.

.... Petitioner VS.

The State of West Bengal & Ors.

....Respondents For the Petitioner:

Mr. Pratip Mukherjee Ms. Shilpa Das ....Advocates For the State:

Mr. Debopriyo Karan ....Advocates

1. Affidavit of service filed in Court today is taken on record.

2. The petitioner/bank, despite putting up the secured asset for sale is unable to hand over physical possession of the same for want of original title deeds of the property which were seized by the police in response to an FIR registered on 25th March, 2015 being Hare Street Police Station Case no. 78 dated 6th December, 2015 under Sections 120B/420/467/468/471 of the Indian Penal Code.

3. The petitioners are unaware of the fate of the criminal proceeding. Request was made before the police for taking steps for returning the original documents.

4. Learned advocate representing the State respondents has obtained instruction from the concerned police station wherefrom it appears that the investigation in connection

with the FIR is over and charge-sheet being CS No. 81/18 was submitted before the learned 20th Judicial Magistrate, Calcutta on 23rd June, 2018. The subject case is currently under trial.

5. The documents seized during investigation including the property deeds were recorded on 25th March, 2015 under DDMK No. 157/18 dated 29th March, 2018. The documents are required to be produced before the learned Trial Court as and when required.

6. As the criminal case is under progress, the police is unable to return the documents sought for by the petitioners.

7. Upon hearing the submissions made on behalf of the parties, the instant writ petition is disposed of by observing that, it will be open for the petitioners to take steps before the competent forum seeking return of the documents seized by the police in connection with the criminal proceeding that is pending before the criminal Court.

8. The writ petition stands disposed of.

9. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)