Sabir Alam v. State Of West Bengal And ANR.

03.04.2023 Ct. No.34 S/L No.28 KS C.R.R. 1364 of 2021 With IA No. CRAN 1 of 2022 Sabir Alam -Vs.- State of West Bengal & Anr.

Md. Younush Mondal .....For the Petitioner Mr. Mondal, learned advocate appears on behalf of the petitioner. The subject-matter of challenge relates to order dated 01.04.2021 passed in connection with Criminal Motion No.4 of 2021. The genesis of the case relate to M.P. Case No.2193 of 2021 which is the proceeding under Section 144(2) of the Code of Criminal Procedure pending before the Learned SubDivisional Executive Magistrate, Barasat, North 24 Parganas. There are statutory limitations for continuation of proceedings under Section 144(2) of the Code of Criminal Procedure. The present case is of the year 2021.

In view of the statutory restrictions, the case being, M.P. Case No.2193 of 2021 pending before the learned Sub-Divisional Executive Magistrate, Barasat is non-existent and the orders passed therein as on date are deemed to be infructuous.

Thus, no interference is required to be made in this revisional application.

Accordingly, C.R.R. 1364 of 2021 is disposed of. Pending applications, if any, are consequently disposed of. All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court.

(Tirthankar Ghosh, J.)