Amitunnessa Bibi And ANR v. Kamaluddin Molla And ORS

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 16-06-2022 Subha Item no.89 Ct no.34 CRR 1070 of 2022 In the matter of : Amirunnessa Bibi & Anr. .....petitioners. In Re : An application under Section 401 read with Section 482 of the Code of Criminal Procedure.

Mr. Maidul Islam Kayal Mr. Sumit Naskar ......for the petitioners.

Mrs. Sujata Das ....for the State.

Affidavit of service so filed be kept with the record. The proceedings being M. P. Case No 1346 of 2021 under Section 147 of the Code of Criminal Procedure is pending before the learned Executive Magistrate, 2nd Court, Alipore, South 24 Parganas. In view of the nature of prayers advanced before the learned Executive Magistrate, I direct the learned Executive Magistrate will dispose of the proceedings only after affording opportunity to the affected party. The Executive Magistrate will not enter into the domain of the civil court and restrict himself within the parameters of breach of the peace in respect of the locality. All efforts must be taken by the Executive Magistrate to conclude the proceedings within a reasonable period of time after affording opportunity to the affected parties which includes the opposite parties herein. With the aforesaid observations, the revisional application being CRR 1070 of 2022 is disposed of.

All pending applications, if any, in connection with the revisional application, are consequently disposed of. Interim order, if any, is hereby vacated.

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]