(1.) THE petitioner in this CRM under s.439(2) CrPC dated February 27, 2012 is seeking the following relief:-
(2.) THE second opposite party apprehending arrest filed an application under s.438 CrPC before the Sessions Judge, South 24-Parganas on January 16, 2012. Hearing of the application was fixed for February 6, 2012, when advocate for the second opposite party prayed for adjournment, which was allowed and hearing of the application was fixed for February 16, 2012.
(3.) ON February 15, 2012 the second opposite party filed an application before the Sessions Judge in connection with his s.438 application. Paragraphs 1 and 2 of the application are quoted below:-