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Calcutta High CourtCRR/1207/2016dismissed as infructuous

Sankar Majumder v. Tanu Sur & ANR

2022-08-17Hon'Ble Justice Bivas Pattanayak1 pages

CRR 1207 of 2016 Court No. 33 Item 50 sk 17.8.2022 In the matter of:- Sankar Majumder ........ Petitioner.

An application under Section 401 read with Section 482 of the Code of Criminal Procedure.

None appears on behalf of the petitioner.

The petitioner has filed the present revisional application challenging the order dated 25.02.2016 passed by the learned Executive Magistrate, Barrackpore in M.P.Case No. 4413 of 2015.

The factual matrix of the case is that the opposite party no. 1 filed an application under Section 144 sub-Clause 2 of Cr. P.C. and on satisfaction the learned Executive Magistrate by the impugned order directed for drawing up the proceeding under Section 144 of the Code of Criminal Procedure against the petitioner.

Being aggrieved by and dissatisfied with the said order, the petitioner has preferred the present revisional application. Section 144 sub-Clause 4 of the Code provides that no order under the section shall remain in force for more than two months for making thereof. It is found that the impugned order has been passed on 25.2.2016 and accordingly has lost its force by efflux of time.

In view of the above, the present revisional application stands dismissed "as infructuous".

All connected applications stand disposed of. Interim order, if any, stands vacated.

Urgent photostat certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Bivas Pattanayak, J.)