Calcutta High Court (Appellete Side)Golam Murtuja Sk. @ Golam Mortaza vs State Of West Bengal And Another on 27 May, 2021Author:Rajasekhar ManthaBench:Rajasekhar Mantha27.05.2021\n SL No.20\n   Akd/pk\n                                      CRR 1319 of 2021\n                                  (Through Video Conference)\n\n\n                             Golam Murtuja Sk. @ Golam Mortaza\n                                           Versus\n                              State of West Bengal and another\n\n\n                  Mr. Prosenjit Mukherjee\n                                                ... for the petitioner.\n\n\n                   Despite service of notice, none appears on behalf of the State-\n\n             respondents.Mr. Swapan Banerjee, learned advocate along with Mr. Suman\n\n             De, learned advocate, who normally appear for the State, are\n\n             requested to represent the State in this matter.The Office of the learned Public Prosecutor is directed to\n\n             regularise their appointment.The petitioner shall serve copy of this application on Mr.\n\n             Banerjee by tomorrow.The revision petitioner is aggrieved by order dated 31.03.2021\n\n             passed by the learned Judicial Magistrate, 1st Court, Rampurhat,\n\n             Birbhum. By the impugned order, the application of a complainant in\n\n             Murarai Police Station Case No. 168 of 2018 dated 05.05.2018 has\n\n             been allowed granting him possession of a Tractor seized by the\n\n             Murarai Police Station in aid of the subject complaint.The Magistrate appears to have prima facie decided title of the\n\n             said vehicle on the basis of an alleged agreement between the\n\n             complainant and the revision petitioner.Ex-facie, it appears that the Magistrate may have committed\n\n             error in handing over the possession of a seized vehicle to the opposite2party no. 2 from the custody of the revision petitioner and the\n\nMurarai Police Station pending trial. In any event, the title of the\n\nvehicle-in-question cannot be decided in a criminal proceeding.In those circumstances, the petitioner having made out a strong\n\nand prima facie case for interference, the impugned order dated 31st\n\nMarch, 2021 passed by the learned Judicial Magistrate, 1st Court,\n\nRampurhat, Birbhum in reference G. R. Case No. 628 of 2018 shall\n\nremain stayed for a period of four weeks from date or until further\n\norders, whichever is earlier. The Tractor shall remain in possession of\n\nthe Murarai Police Station.The petitioner shall serve a copy of this order and the pleadings\n\nafresh on the opposite party no. 2 and file affidavit of service on the\n\nadjourned day.Liberty is, however, reserved to the opposite party no. 2 to seek\n\nvariation and/or modification of the aforesaid order.Let this matter stand adjourned and be listed as "Contested\n\nApplication" three weeks hence before the appropriate Bench.All parties are directed to act on a server copy of this order on\n\nusual undertaking.(Rajasekhar Mantha, J.)