Biva Sarkar v. Monoranjan Roy Naskar & ANR

16.03.2023 Court No.35 Item No. 49 D.Hira CRR 1053 of 2015 Biva Sarkar Vs.

Monoranjan Roy Naskar & Anr.

None appear on behalf of either of the parties. This matter is pending in the list since 18.01.2023 and has been called on each day of working of this Court since that date. In spite of that no one is appearing. The petitioner is found to be not interest in this case. Therefore, the same is taken up today for disposal on merit. The petitioners have sought for an order of this Court to quash the proceedings under Section 144 of the Code of Criminal Procedure being M.P. Case No. 3450 of 2014, in the Court of Executive Magistrate, at Alipore. The petitioners have suggested that the proceedings as well as orders passed in the same is dehors the settled provisions of law and no cognizable offence is made out against him in the said proceedings.

It appears that the proceedings under Section 144 of the Code of Criminal Procedure and any order thereunder shall have the statutory life of sixty (60) days from the date of issuance thereof. Therefore, on perusal of the impugned order in this case which was passed on 20th November, 2014, it appears that the same has lost its force in terms of the statutory provision. Accordingly, in my considered opinion, this revision should be infructuous.

Criminal Revision being CRR 1053 of 2015 is dismissed. All pending applications, if any, are consequently disposed of.

Certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all the requisite formalities. ---x--- RAI CHATTOP ADHYAY RAI CHATTOPADHYAY Date: 2023.03.16 16:49:56 +05'30'

(Rai Chattopadhyay, J.)