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Calcutta High CourtCRR/20/2021disposed

Ajit Kumar Agarwal v. State Of West Bengal And ANR

2022-06-21Hon'Ble Justice Bibhas Ranjan De2 pages

21.6.2022 S.D.

25.

C.R.R. 20 of 2021 Ajit Kumar Agarwal Vs.

The State of West Bengal & Anr.

Mr. Rajdeep Majumder Mr. Mayukh Mukherjee ...For the petitioner.

Mr. Rajdeep Majumder and Mr. Mayukh Mukherjee, learned advocates appear on behalf of the petitioner. None appears on behalf of the State and private opposite party.

This revisional application under Section 397/401 of the Cr.P.C. read with Section 482 of the Cr.P.C. has been filed by the petitioner against order dated 28.9.2020 passed by learned Sub-Divsional Magistrate, Darjeeling in connection with M.R. Case No. 18 of 2020 under Section 144 of the Cr.P.C.

The petitioner has assailed the order on several grounds. On a perusal of the impugned orders, it appears that the application under Section 144 of the Cr.P.C. was filed by one Sudan Gurung, Manager of Kanchaan View Tea Estate formerly known as Rungneet Tea Estate. An order was passed under Section 144(2) of the Cr.P.C. directing Inspector in-Charge, Sadar Police Station to keep a vigil on the matter so that no untoward incident may occur in the locality and called for the report on 9.10.2020. Subsequent orders were passed

directing the Inspector in-Charge, Sadar Police Station to maintain peace in the locality till further order. It appears that these orders relating to the proceeding under Section 144 of the Cr.P.C. have lost their force as per provision under Section 144 (4) of the Cr.P.C. The proceeding, therefore, has become infructuous. Revisional application is disposed of without going into its merit. Let a copy of this order be communicated to learned Sub-Divisional Executive Magistrate for information.

(Ananda Kumar Mukherjee, J.)