Asim Kumar Roy, J. - (1.) The subject matter of challenge in the present criminal revision is an order of issuance of search warrant on the prayer of the police in connection with a case relating to the offence punishable under Ss. 497/406/120B of the Indian Penal Code.
(2.) Mr. Abhijit Ganguly, the Learned Counsel, appearing on behalf of the petitioner draws the attention of this Court to the order impugned and vehemently urged that the Learned Court below allowed the prayer of the Investigating Officer and issued search warrant mechanically. According to him the said order does not contain any reason which prompted the Court below to issue the impugned search warrant and reflects complete non -application of mind. He, thus, prays for quashing of the said order. Mr. Ganguly in support of his contention heavily relied on a decision of the Hon'ble Supreme Court in the case of V.S. Kuttan Pillai v/s. Ram Krishnan and Anr. reported in : (1980) 1 SCC 264. On the other hand, Mr. Apurba Kumar Dutta, the Learned Counsel appearing on behalf of the private opposite party submitted that when a FIR has been registered relating to an offence of criminal breach of trust in respect of stridhan properties, during investigation the police can always make a prayer for issuance of search warrant for recovery of stridhan articles and in such circumstances no reason is required to be recorded while the Court allowing such prayer of the Investigating Agency. Mr. Swapan Kumar Mullick, the Learned Counsel, appearing on behalf of the State however supported the contentions of the learned advocate appearing for the defacto -complainant.
(3.) Heard the Learned Counsels appearing on behalf of the parties. Considered their rival submissions. Perused the impugned order as well as the case laws relied upon by them.;