DILIP SHAW ALIAS DULA Vs. SWARUP DAW
LAWS(CAL)-1995-1-21
HIGH COURT OF CALCUTTA
Decided on January 12,1995

DILIP SHAW ALIAS DULA Appellant
VERSUS
SWARUP DAW Respondents


Referred Judgements :-

RAJAN KUMAR MACHANANDA V. THE STATE OF KARNATAKA [REFERRED TO]
DHARAMPAL VS. RAMSHRI [REFERRED TO]


JUDGEMENT

N.K.Bhattacharyya, J. - (1.)By this revision the petitioner challenged Order No. 13 and Judgment dated 14th June, 1994 in Criminal Motion No. 220 of 1992 passed by the learned Additional District Judge, 3rd Court, Barasat, North 24-Parganas, confirming the order dated 29th July, 1992, passed by the learned Executive Magistrate, Barrackpore, in M.P. Case No. 1842 of 1992, and prayed for quashing of the entire proceedings in those two cases.
(2.)The short background of the case is that opposite party No. 1 herein moved the court of the learned Executive Magistrate, Barrackpore, under sections 145(1)/145(6)/146 of the Code of Criminal Procedure and the case was registered there as N.P. Case No. 1842 of 1992. In that proceeding the learned Executive Magistrate by his order dated 29th July, 1992 directed drawing up a proceeding under section 145 read with section 146(1) Cr.P.C. and appointed I.C., Baranagore Police Station as a Receiver and directed him to attach the scheduled property and materials by taking and keeping in possession thereof and to hold the same under attachment until further orders. Against that order the petitioner herein moved in revision before the learned Additional Sessions Judge, 3rd Court, Barasat, in Criminal Revision No. 220 of 1992 and by an Order No. 13 and Judgment dated 14th June, 1994 the learned Judge dismissed the said revisional application and directed the learned Executive Magistrate to proceed with further enquiry into the case as early as possible from the stage where it was started and confirmed the order of the learned Magistrate, dated 29th July, 1992 passed in M.P. Case No. 1842 of 1992.
(3.)The revisionist was before the learned Additional Sessions Judge and has come up with the second revision before this Court again.
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