Rama Debnath v. Tapan Kumar Das And ORS

31.10.2022 Sl. No. 15 Srimanta Ct.No. 42 CRR/2407/2022 In the matter of : Rama Debnath ...petitioner.

Mr. Arun Kumar Maiti, Adv., Ms. Diya Bain, Adv.

...for the petitioner.

Though the petitioner has assailed an order dated 28th June, 2022 passed by the Learned Executive Magistrate, 2nd Court at Alipore in MP Case No. 2622/2022, Mr. Maity, Learned Advocate for the petitioner with his usual fairness has placed the certified copy of the order dated 29th July, 2022 wherein the Learned Executive Magistrate, 2nd Court at Alipore has dropped MP Case No. 2622/2022.

When the proceeding under Section 144(2) of the Code of Criminal Procedure is dropped, there is no case in the eye of law and the impugned order ceases to exist. Considering such view of the matter, the instant criminal revision is disposed of.

However, this order will not restrict the petitioner to file fresh application to pray for the same relief under the same provision before the appropriate Court, if so advised. ( Bibek Chaudhuri, J. )