Tarun Kanti Adhikary & ANR v. State Of West Bengal & ORS

12.07.2022 Item no.7.

Court No.6.

AB CRR No. 1454 of 2013 In the matter of : Tarun Kanti Adhikari & Anr. ......Petitioners.

None appears either on behalf of the petitioners or the opposite parties today. It appears from record that on previous several occasions also, neither of the parties was present in Court.

Considering the above, record is taken up for delivering order.

This is an application under Section 486 Cr.P.C 1973 filed by the petitioners to pray for an order of this court quashing the proceedings under Section 144 Cr.P.C being Case No.15/MP/13 pending before the Executive Magistrate, Bishnupur, Bankura.

The opposite parties no.5 and 6 have alleged against the petitioners of causing disharmony in the locality by disturbing peaceful possession of the said opposite parties in the concern property. The opposite parties as above claimed their right over the property as the owners thereof.

Challenging the same the instance revision has been preferred praying to quash the proceeding itself.

However on perusal of the materials in record including the documents as available I am of the considered opinion that the petitioners have not been able to bring on record any sufficient and cogent ground to warrant interference of this court to the alleged proceedings.

Be that as it may it is also notable that after expiry to the statutory period of 60 days the proceeding under Section 144 Cr.P.C has extinguished by operation of law.

Hence the present case being devoid of any merit is hereby dismissed.

Interim order is vacated.

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

(Rai Chattopadhyay, J.)