Sabita Sarkar v. State Of West Bengal And ANR

17.6.

CRR No. 1333 0f 2021 (Via Video Conference ) BR Sabita Sarkar -vsThe State of West Bengal and another Mr. Sudip Ghosh Chowdhury .... For the Petitioner Petitioner challenges an order dated April 1,2021 passed by the learned Sub-Divisional Executive Magistrate, Chandannagar Division, whereby the learned Magistrate directed the Officer-in-Charge of Chinsurah Police Station, to look into the matter and maintain peace and tranquility in the area and also issued a restraining order against the petitioner with a further direction to submit a report on or before May 20, 2021. The petitioner submits that on May 20, 2021 no report was filed and the said case could not proceed further in view of the pandemic situation.

The petitioner submits that the dispute between the parties is civil in nature and the learned Magistrate without ascertaining the respective civil rights of the parties ought not have passed any order mechanically. He further submits that learned Magistrate ought not have relegated the parties to a civil suit. I am of the view that force of the impugned order has expired due to statutory time limit as prescribed under Section 141 of the Code of

Criminal Procedure,1973. Proceeding under Section 141 of the said Code has become infructuous by efflux of time. The revisional application being CRR 1333 of 2021 is , thus , disposed of without any further order. Parties are to act on the server copy of this order. ( Kausik Chanda, J. )