Rama Debnath v. Tapan Kumar Das And Others

22-07-2024 Ct. No.34 b.das CRR No. 2524 of 2024 In the matter of :

Rama Debnath ..... petitioner.

Mr. Arun Kr. Maiti (Mohanty) Mr. R. R. Mohanty Ms. Snigdha Ghosh Mr. P. Dey ...for the petitioner.

Since the innocuous prayer of the petitioner is for expeditious disposal of M.P. Case No.2623 of 2022 under Section 107 of the Code of Criminal Procedure pending before the learned 2nd Executive Magistrate, Alipore, the matter may be disposed of without service of notice upon the opposite parties.

Opposite parties shall not be prejudiced if an order for expeditious disposal of the matter is passed in their absence. Expeditious disposal of the matter shall in fact enure to the benefit of both the parties.

Heard learned counsel for the petitioner.

Complaint was under Section 107 of the Code was filed by the petitioner on 4th July, 2022 and by an order passed on 25th July, 2022 the learned 2nd Executive Magistrate, Alipore dropped the proceeding without considering the police report for which the petitioner came before this Court in a criminal revision being CRR 3108 of

2022. By an order passed on 13th July, 2023, this Court set aside the order dated 25th July, 2022 passed by the learned 2nd Executive Magistrate, Alipore and directed the Executive Magistrate to consider the police report and in that background dispose of the application under Section 107 of the Code.

Learned counsel for the petitioner submits that the application is still pending. This Court is informed that by an order passed on 26th June, 2024 warrant of arrest has been issued against the opposite parties.

In view of the above, the revisional application is disposed of directing the learned 2nd Executive Magistrate, Alipore to dispose of the application under Section 107 of the Code within one month from the next date of hearing fixed before him without granting any unnecessary adjournment to either of the parties, in accordance with law.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

( Suvra Ghosh, J. )