Arjun Halder & ORS v. Haripada Halder & ANR

CRR 265 of 2013 11.04.2022 (AD 49) Arjun Halder & Ors.

Vs.

Haripada Halder & Anr.

Ct. No. 34 (S. Banerjee) The present revisional application involves M. F. Case No 2795 of 2012 wherein the subject-matter of challenge refers to the order dated 03.12.2012 and 09.01.2013 passed by the learned Executive Magistrate, Diamond Harbour, South 24 Parganas are to the provisions of Section 144(2) of the Code of Criminal Procedure.

I am of the opinion that the statutory period prescribed under the said provision do not allow the proceeding to continue beyond the period of 60 days. As such the proceeding before the learned Executive Magistrate by lapse of time has become infrctuous. Accordingly, CRR 265 of 2013 is dismissed.

Pending application, if any, is consequently disposed of.

Interim order, if any, is hereby vacated.

Parties are to act in terms of a copy of this order duly downloaded from the official website of this court. (Tirthankar Ghosh, J.)