Calcutta High Court (Appellete Side)
2745/2011 on 30 September, 2011
Author: Kalidas Mukherjee
Bench: Kalidas Mukherjee
0.09.2011
44) p.j.) C.R.R. No. 2745 of 2011 In re : Amalendu Bhaumik ... Petitioner Mr. Md. Shahjahan Hossain Mr. Nabamita Sengupta ... for the petitioner This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure assailing the order dated 21.7.2011 passed by the learned Executive and Metropolitan Magistrate, 3rd Court, Calcutta, in M Case No. 859 of 2011 under Section 107 of the Criminal Procedure Code.
Heard the learned Counsel appearing for the petitioner. Perused the papers on record. The petitioner Amalendu Bhaumik filed a case under Section 107 of the Code of Criminal Procedure before the learned Court below and the learned Magistrate after going through the papers on record held that the dispute was purely civil in nature and the parties were prima facie partners.
Under the circumstances, the learned Magistrate held that there was no credible information to the effect that the opposite party was likely to commit breach of peace, or disturb the public tranquility or to do any wrongful act. Under such circumstances, the learned Magistrate dismissed the application under Section 107 of the Code of Criminal Procedure. 2 Having heard the learned Counsel appearing for the petitioner and on perusal of the papers on record, I find that there is no ground to interfere with the order impugned passed by the learned Magistrate.
The revisional application is, therefore, dismissed summarily. Urgent Photostat certified copy of this order, if applied for, be supplied to the party as early as possible.
(Kalidas Mukherjee, J.) 2 3 3