NIGHTINGALE ENGINEERING INDUSTRIES PVT LTD Vs. SIBAPADA DE

JUDGEMENT

(1.) Can Magistrate take action un der Section 145 of the Code of Criminal Proce dure 1973 (in short, the 'Code') in respect of movable property is the question raised in this application.

(2.) Background facts sans unnecessary details are as follows:

(3.) Though several points were urged in support of the application, the main ground of attack of Mr. Goutam Mukherji is that Section 145 of the Code has no application and therefore, the order is misconceived. The learned counsel for the opposite parties, however, submitted that even if the nomenclature of the order is one under Section 145 of the Code, in essence it was passed under Section 144 of the Code.