Calcutta High Court (Appellete Side)
An Application Under Section 482 Of The vs Unknown on 13 February, 2020
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
1 36 13-02-2020
s. d.
ct, no.34 CRR 532 of 2020
In Re : Sambhu Nath Jana ....petitioner.
In the matter of : An application under Section 482 of the Code of Criminal Procedure.
Mr. Niladri Sekhar Ghosh Ms. Srimoyee Mukherjee ..... for the Petitioner.
The petitioner is aggrieved by the Order dated 20.01.2020 passed by the learned Executive Magistrate, Arambag, Sub-Division Hooghly in connection with M. P. Case No. 53 of 2020 under Section 144 of the Code of Criminal Procedure.
The learned lawyer appearing for the petitioner submits that although an order under Section 144 Cr.P.C is of the temporary nature and any direction upon the Police Authorities ex parte is supposed to prejudice the petitioner, yet the learned Executive Magistrate had proceeded to give a 2 direction upon the Officer-in-Charge, Khanakul P. S as also upon the Block Land and Land Reforms Officer, Khanakul-II and fix a date on 14.05.2020.
In view of the direction so passed, the petitioner is facing difficulty and is unable to implement his authority of right.
In view of the submission so advanced by the learned advocate for the petitioner, I direct that the petitioner would be at liberty to take out an application under sub- section 5 of Section 144 of the Code of Criminal Procedure which would include amongst others the points canvassed in the revisional application for modification and/or alteration of the order dated 20.01.2020. The learned Executive Magistrate, Arambag, Sub-Division, Hooghly is directed to dispose of such application preferred by the petitioner under sub-section 5 of Section 144 of the Code of Criminal Procedure within a period of three weeks from the date of filing of the same after affording due opportunity to both the parties.
With the aforesaid observations, the revisional application being CRR 532 of 2020 is disposed of. 3
Urgent Photostat certified copies of this order, if applied for, be made available to the petitioner upon compliance with the requisite formalities.
( Tirthankar Ghosh, J. )