DAMODAR ADHIKARY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application is directed against the order dated 3.1.2004 passed by the learned Sub-Divisional Judicial Magistrate, Uluberia in G. R. Case No. 384/1997 arising out of Bagnan Police Police Station Case No. 94 dated 9.7.1997.

(2.) Learned Advocate for the petitioner contended that the learned Magistrate by the impugned order dated 3.1.2004 issued warrant and also a Writ of Proclamation and attachment by the same order and did not follow the provisions of Sections 82 and 83 of the Code of Criminal Procedure.

(3.) Accordingly, the said order being bad in law should be set aside and the articles seized from the house of the father of the alleged proclaimed offender should be returned.