Sumitra Das And ANR v. Aniket Joardar

06.12.2022

IN THE HIGH COURT AT CALCUTTA

Item No.9 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 145 of 2021 Sumitra Das & Anr.

versus State of West Bengal & Anr.

In Re: An Application under Sections 397 and 401 read with Section 482 of the Code of Criminal Procedure, 1973. Md. Anwar Hossain, Ms. Sreyashee Biswas ... For the State.

Mr. Soumyajit Bhatta ... For the Opposite Party No.2.

None appears on behalf of the petitioners.

The subject-matter of challenge relates to a proceeding under Section 147 of the Code of Criminal Procedure. Petitioners are aggrieved by the order dated 12.11.2020. More than two years have passed in the meantime.

Having regard to the time constraints under the provision of Section 147 of the Code of Criminal Procedure, I am of the opinion that the Executive Magistrate's order by passage of time has become infructuous. However, the Officer-in-Charge of the concerned Police Station would allow the parties to continue with their rights without infringing the general peace and tranquility of the locality. If, there are any issue involved, having regard to the nature of the dispute, parties would approach the appropriate civil court for their relief. The proceedings being Case No. 565 of 2020 would be deemed to be infructuous. Accordingly, no further order is required to be passed in the present revisional application.

The revisional application being CRR 145 of 2021 is, thus, disposed of.

All pending connected applications, if any, are consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)