15.9.2026 948. BD CRR 3185 of 2025 Shashi Gaurava Soni @ Sashi Gourava Soni Vs. State of West Bengal Mr. Pinak Kumar Mitra, Ms. Sudarshana Srivastava, Ms. Ankita Dutta…for the petitioner Mr. Kallol Mondal, P.P., Mr. Imran Siddiqui…for the State Report filed by the Bidhannagar Police Commissionerate dated 17.08.2026 is taken on record. In this application the petitioner has assailed the order dated 3.06.2025 passed by learned Chief Judicial Magistrate, Barasat, North 24 Parganas in connection with the GR No. 1117 of 2023 presently pending before learned Chief Judicial Magistrate, Barasat, North 24 Parganas. Being aggrieved by the aforesaid proceeding, learned counsel for the petitioner submits that by the impugned order learned court below rejected the petitioner’s prayer for unlocking the premises during the pendency of the investigation of the case. The contention of the learned counsel for the petitioner is that any property used in sub-section (1) of section 102 of the Code of Criminal Procedure does not include immovable property and consequently, police officer investigating a criminal case cannot take custody of and seize any immovable property which may be found under 2 circumstances which create suspicion of the commission of any offence. His further grievance is that the investigation initiated on 2nd March, 2023 and it continued for about three years but the investigating agency is sitting tight over it. Sub section (3) of Section 102 is intended to give greater discretion to the police officer for releasing seized property, where there is a difficulty in securing proper accommodation for the custody of the property or where the continued retention of the property in police custody is not considered necessary for the purpose of investigation. The house of the petitioner was purchased way back in January 2021 and the same cannot be said to have been purchased from the proceeds of the crime. The house hold property is also shown in the income tax return filed by the petitioner and therefore the order was passed by the trial court in a mechanical way by which he rejected the petitioner’s prayer for unlocking the premises till disposal of the investigation. Therefore it requires interference of this Court invoking jurisdiction under section 528 of the BNSS. Mr. Siddiqui, learned counsel appearing on behalf of the state placed the report submitted by Inspector-in- Charge, Cyber Crime Police station, Bidhannagar Police Commissionerate which discloses that the charge-sheet has been submitted after collection and analysis of documentary evidence. He therefore submits that the instant application has become infructuous in view of 3 submission of the charge-sheet and therefore the same is liable to be rejected. Having considered the submissions made on behalf of the parties and also on perusal of the impugned order dated 3.6.2025, it appears that the court below after considering submission of both the parties rejected the prayer made by the petitioner mainly keeping in mind the enormity of the alleged offence which involves commission of stolen property and also forgery of valuable security etc. and cheating and therefore he refused to deseal the said premises. However, in view of changed scenario where the investigation has already culminated into a charge-sheet, I find that a fresh prayer may be asked to make before the concerned Chief Judicial Magistrate to revisit the issue. In view of the above, CRR 3185 of 2025 is herby disposed of by giving liberty to the petitioner to make a fresh similar prayer for de-sealing of the seized property in the context of changed scenario within a period of ten days and in the event of filing of such application by the petitioner, the court below will dispose of his prayer afresh after giving opportunity to both the parties to contest preferably within a period of thirty days thereafter, without being influenced by any observation made herein. Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)