The word "prevent" in Section 124 (1) of the West Bengal Co-operative Societies Act, 1973 includes not only a positive act of obstruction but also an illegal omission.

This Rule is directed against an order dated 14-1-76 passed by the Sub-Divisional Judicial Magistrate, Bongaon, issuing a search warrant on the prayer of the Assistant Registrar of Co-operative Societies, 24 Parganas (North).

2. The facts leading to the issuance of the search warrant may be stated as follows: On 3-6-75 the Assistant Registrar of the Co-operative Societies, 24 Parganas (North) filed an application before the Sub-Divisional Magistrate, Bongaon, under S. 124 (1) of the West Bengal Co-operative Societies Act, 1973 (hereinafter referred to as the Act) alleging inter alia that Madhusudan Mistiy, the Ex-Secretary of Panchita Fishermen's Co-operative Societies Limited (hereinafter referred to as the Society) has not handed over books of accounts of the Society including other assets to the present Secretary of the Society Sri Dinabandhu Kar in spite of repeated directions. He, accordingly, prayed that an order may be issued under S. 124 (2) of the Act directing a Police Officer not below the rank of Sub-Inspector to search, seize and to hand over possession of the books of accounts including its other assets to Dinabandhu Kar, the opposite party No. 3 The learned Sub-Divisional Magistrate being of the view that he has got no jurisdiction for issuing search warrant under the said Act, forwarded the application to the Sub-Divisional Judicial Magistrate, Bongaon, for taking necessary action from his end. Before any order could be passed thereon by the Sub-Divisional Judicial Magistrate, Bongaon, the Assistant Registrar of the Co-operative Societies renewed his earlier prayer by filing another application under his Memo. No. 6116 dated 21^6-7)5 before the Sub-Divisional Judicial Magistrate, Bongaon. This application was placed before the learned Sub-Divisional Judicial Magistrate on 2-7-75 and the learned Magistrate passed an order directing issuance of a search warrant for the recovery of the articles mentioned in the petition and asked the Officer-in-Charge, Bongaon Police Station to execute the warrant and if the articles were recovered to keep the same in jimma of the present Secretary.

3. On the self same day, after the order was passed, the petitioner Madhusudan Mistry filed an application before the learned Magistrate praying for a hearing in the matter before any search warrant was issued and the learned Magistrate fixed a date for hearing of the matter and directed that the earlier order for issuing search warrant be stayed till the hearing. On 4-7-75 the State also entered appearance and prayed for being heard before passing any order on the application of the petitioner. The matter was ultimately heard on 5-8-75 and the learned Magistrate by his order dated 9-8-75 rejected the prayer of the Assistant Registrar of the Co-operative Societies for issuing search warrant. Before the order was passed on 9-8-75, Dinabandhu Kar also filed an application for being heard, but the said application was rejected. Dinabandhu Kar, being aggrieved by both the orders, namely, the order refusing his prayer to be heard as also the order rejecting the prayer of the Assistant Registrar for issuing search warrant, filed an application in revision in the Court of the Sessions Judge, 24 Parganas and by an order dated 29-11-75 the Additional Sessions Judge, 14th Court, Alipore, allowed the revisional application of Dinabandhu Kar and set aside the order of the learned Sub-Divisional Judicial Magistrate dated 9-8-1975. The learned Judge directed that the matter for issuance of the search warrant should be heard afresh in presence of Dinabandhu Kar, the State and Madhusudan Mistry, In compliance with the direction of the learned Additional Sessions Judge, the Sub-Divisional Judicial Magistrate heard the matter in presence of all the parties and by his order dated 14-1-1976 allowed the prayer of the Assistant Registrar of Co-operative Societies and issued a search warrant. He, further, directed that if the properties as mentioned i