Gita Chandra Banik v. Kamal Banik And Another

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 16-08-2023 Subha D/L 63 Ct no.34 CRR 207 of 2023 Smt. Gita Chandra(Banik) -versus- Sri Kamal Banik Mr. Samudra Nil Sarkar ....for the petitioner.

The present revisional application has been preferred in respect of an order dated 06.01.2023 passed by the court of the Learned Additional Sessions Judge, FTC-3, Barrackpore, North 24 Parganas in Criminal Motion No. 10 of 2023 wherein the order dated 19.12.2022 passed by the learned Executive Magistrate, Barrackpore, North 24 Parganas in M. P. Case No. 4595 of 2022 under Section 144(2) of the Code of Criminal Procedure was stayed. Having regard to the fact that the order under challenge is of 19th December, 2022 and the urgency involved in case relating to Section 144(2) of the Code of Criminal Procedure is for a limited period of sixty days, I am of the opinion that further pendency of the present proceedings are unwarranted.

Accordingly, I direct the learned Executive Magistrate, Barrackpore, North 24 Parganas to drop the proceedings being M. P. Case No. 4595 of 2022.

With the aforesaid observations, the present criminal revisional application being CRR 207 of 2023 is disposed of.

Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]