Sarat Chandra Mondal v. Juthika Mondal

28.03.2025 Sl. No. 19 Ct. No.42 S.A.

CRR 2158 of 2017 Sarat Chandra Mondal Vs.

State of West Bengal & Anr.

Mr. Antarikhya Basu ...for the State None appeared on behalf of the petitioner nor any accommodation is prayed for.

However, the State is represented by Mr. Antarikhya Basu. He submitted that this proceeding became infructuous due to efflux of time.

Petitioner prayed for quashing of the proceeding being MP Case No. 504 of 2017 Under Section 144 of Code of Criminal Procedure, 1973 presently pending before the Court of Learned Executive Magistrate, Birbhum, wherein he directed to the Officer-in-charge of Sainthia Police Station, to submit report in regard to apprehension of breach of peace over the disputed issue and take steps to maintain peace and tranquility over the suit plot.

The impugned order was passed on 3rd March, 2017. Now, more than 8 years have been passed since then. The force of the order has been lapsed by now as the orders passed under Section 144 of Code of Criminal Procedure could not be sustained after six months from the date of order.

As such, the impugned proceeding became infructuous due to efflux of time.

Accordingly, the instant revisional application being CRR 2158 of 2017 is dismissed as infructuous.

Interim order/orders, if any, stands vacated. There is no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Uday Kumar, J.)