Naziya Bano v. State Of West Bengal

Item 30.06.

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION No.

APPELLATE SIDE CRR 4919 of 2024 Ct 32 rup Naziya Bano Vs.

The State of West Bengal Mr. Pradip Kumar Roy, Sr. Adv.

Mr. Gourav Banerjee, Ms. Dipanwita Sarkar. ... for the petitioner. Mr. Debasish Roy, Ld. PP.

Mr. Arijit Ganguly. ... for the State.

1. Both the learned counsel appearing on behalf of the petitioner as well State are present.

2. This revisional application has been filed assailing the order dated 11.11.2024 in connection with G.R. Case No. 2028 of 2024 passed by the Learned Chief Judicial Magistrate, Barasat, North 24 Parganas, wherein Learned Judicial Magistrate refused to hand over the flat to the petitioner being owner of the flat on the ground of continuing investigation particularly collection of CFSL report. From the order dated 26.02.2025 passed by the Hon'ble Co-ordinate Bench, it is also seen that on submission made on behalf of the State with regard to collection of CFSL report, the accommodation provided.

3. Learned counsel appearing on behalf of the State files a report today showing collection of CFSL report.

4. Learned Public Prosecutor appearing on behalf of the

State has submitted that necessary order may be passed.

5. Heard both the learned counsel appearing on behalf of the petitioner as well as State.

6. After careful perusal of the report submitted by the I.O., I do not find any reason to refuse the prayer for handing over the key of the flat to the owner/petitioner within two weeks from date subject to the satisfaction of Learned Chief Judicial Magistrate, Barasat, North 24 Parganas.

7. Learned Chief Judicial Magistrate, Barasat, North 24 Parganas shall pass an order to that effect on furnishing an undertaking that petitioner shall not change the nature and character of the place of occurrence and also on being satisfied as to identification of ownership.

8. With the aforesaid observation, the revisional application stands disposed of.

9. Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings. 10.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. 11.

Petitioner is at liberty to communicate this order to the Learned Chief Judicial Magistrate, Barasat, North 24 Parganas for compliance.

(Bibhas Ranjan De, J.)