Sankar Ghosh v. State Of West Bengal And ANR

22.02.2024

IN THE HIGH COURT AT CALCUTTA

Item No.81 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 655 of 2024 In the matter of : Sankar Ghosh ... Petitioner.

Mr. Sourov Mondal, Mr. Rony Mondal ... For the Petitioner.

The petitioner is aggrieved by the pendency of M. Case No. 24 of 2024 before learned Metropolitan Magistrate, 3rd Court, Calcutta. It has been informed that the police report has been submitted on 16.02.2024 and the next date has been fixed before the learned Metropolitan Magistrate on 01.03.2024.

The petitioner is granted liberty to take out an application under Section 144(5) of the Code of Criminal Procedure. The petitioner would also be at liberty to ventilate his grievance in the said application.

The learned Magistrate on consideration of the police report and the application under Section 144(5) of the Code of Criminal Procedure taken out by the petitioner along with the application under Section 144(2) of the Code of Criminal Procedure would assess whether there is any element of public breach of peace involved for interference by the learned Executive Magistrate.

With the aforesaid observations, the revisional application being CRR 655 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned 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.)