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CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 368 of 1986.

From the Judgment and order dated 11.4.1986 of the Calcutta High Court in Crl . R . No . 1181 of 1985 .

WITH Criminal Appeals Nos. 251-252 of 1986.

From the Judgment and order dated 26.7.1975 of the Calcutta High Court in Crl. Revn. Nos. 222 and 448 of 1985.

Dr. Y.S. Chitale and H.K. Puri for the Appellant. Parijat Sinha for the Respondent in Crl. A. No. 368 of 1986.

S.K. Kapur, Ranjan Dev and Mrs. Indra Sawhney for the Respondents in Crl. A. No. 251-252 of 1986.

Accordingly, these appeals must succeed and are allowed with costs. The judgment of the High Court allowing the applications under s. 482 of the Code of Criminal Procedure, 1973 are set aside.

Shri S.K. Kapoor, learned counsel appearing for respondent no. 1 in Criminal Appeals Nos. 251-252 of 1986 and Shri Parijat Sinha, learned counsel for respondent no. 1 in Criminal Appeal No. 368 of 1986 pray for time to vacate the premises in their occupation. We grant the respondents time till June 30, 1988 to vacate the premises subject to their furnishing the usual undertaking in this Court within four weeks from today. If there is a failure on the part of the respondents to comply with these conditions, namely, failure to file the said undertaking and/or to vacate the premises within the time allowed, the cases against them i.e. Complaint Case No. 1053/83 in the Court of IIIrd Additional Judicial Magistrate, Alipore, 24 Paraganas and Complaint Case No. 2788/84 in the Court of Special Divisional Judicial Magistrate, Alipore, 24 Paraganas shall continue. In the event of respondents' failure to file the undertaking and/or vacate the premises within the time specified, the learned Magistrates shall proceed with the trial of these cases and dispose them of as expeditiously as possible and in any event, not later than October 31, 1988.