J U D G M E N T

A.K. MATHUR, J. —

Leave granted.

1.This appeal is directed against the order dated 27.9.2006 passed in A.S.T. No.570 of 2006 by the Calcutta High Court whereby the learned single Judge of the High Court has set aside the order dated 16.6.2006 passed by the learned Chief Metropolitan Magistrate, Calcutta and directed the 5th Court of Metropolitan Magistrate, Calcutta to consider the matter afresh and pass necessary order in the light of observation made by the Court.

2.Aggrieved against this order dated 27.9.2006 passed by learned Single Judge, the present S.L.P. was preferred by the State of West Bengal.

3.Brief facts giving rise to this appeal are that the Respondent, Dinesh Dalmia filed a petition under Section 397/482 of the Code of Criminal Procedure, 1973 in the High Court of Calcutta for setting aside the order of 27th May, 2006 and 16th June, 2006 passed by the learned Chief Metropolitan Magistrate, Calcutta and the learned 5th Court of Metropolitan Magistrate, Calcutta respectively in connection with GDD 476 dated 24.9.2002 corresponding to G.R.No. 2001 of 2002 being investigated by Detective Department (Special Cell) Lalbazar pending bef