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Calcutta High CourtCRR/3627/2008dismissed for default

Swapan Kumar Das v. State Of West Bengal & ORS

2021-09-23Hon'Ble Justice Siddhartha Roy Chowdhury2 pages

20-09-2022 KB Item no.32 Court No. 236.

C.R.R. No. 3627 of 2008 Swapan Kumar Das -Vs- State of West Bengal & Ors.

Mr. Kaushik Chatterjee ...For the petitioner.

Mr. Tirthankar Dey ... For the State.

Challenging this application is the order passed by the Learned Sessions Judge, Alipore, South 24 Parganas in Criminal Motion No. 382 of 2008 granting stay of the order dated 10th September, 2008 passed by Learned Executive Magistrate, Baruipur, South 24 Parganas in connection with M.P. Case No. 1316 of 2008 under Section 144 of the Code of Criminal Procedure, 1973. Heard Mr. Koushik Chatterjee, Learned Advocate for the petitioner and Mr. Tirthankar Dey, Learned Advocate for the State. The Order of the Executive Magistrate that was passed on 3rd November, 2008 suffered normal death with the expiry of sixty days. The Order of Learned Sessions Judge therefore has become bereft of any merit so is the application under consideration. The petition under Section 482 Cr.P.C. being devoid of merit stands dismissed.

However, there will be no order as to cost.

All parties to act in terms of a copy of the order downloaded from the official website of this Court.

(Siddhartha Roy Chowdhury, J)