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Calcutta High CourtCRR/1436/2021disposed

Farej Gazi And ANR. v. State Of West Bengal And ORS.

2023-04-05Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R. No.1436 of 2021 D/L35 05.04.2023 Bpg.

In Re: A petition under Section 482 of the Code of Criminal Procedure, 1973.

Farej Gazi and another

Versus

The State of West Bengal and others The present revisional application was preferred challenging the proceedings of M.P. Case No.616 of 2021 under Section 144(2) of the Code of Criminal Procedure then pending before the learned Executive Magistrate, Canning Sub Division, South 24 Parganas.

In view of the statutory restrictions particularly with respect to time limit involved in the proceedings under Section 144(2) of the Code of Criminal Procedure and the nature of the order passed on 08.06.2021 by the learned Executive Magistrate, Canning, I am of the opinion that M.P. Case No.616 of 2021 with passage of time has become infructuous. Learned Executive Magistrate will drop the proceedings being M.P. Case No.616 of 2021. Parties would approach regarding their dispute before the civil court, if so advised. As M.P. Case No.616 of 2021 has been considered to be infructuous because of passage of time which has passed, I am of the opinion that no order need be passed in the present revisional application.

With the aforesaid observations, CRR 1436 of 2021 is disposed of.

Pending application, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)