Calcutta High Court (Appellete Side)
An Application Under Section 401 Read ... vs Prakash Ply Exim Pvt. Ltd on 5 April, 2013
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
47. April 5, C.R.R. 2877 of 2012 2013 In the matter of: An application under Section 401 read with Section 482 of the Code of Criminal Procedure;
And In the matter of : Prakash Ply Exim Pvt. Ltd.
Versus State of West Bengal & anr.
No one appears in support of this revisional application, when the matter is called on. The miscellaneous proceeding being M.P. Case No. 366 of 2012 under Section 144 of the Code of Criminal Procedure pending before the learned Executive Magistrate, First Court at Sadar (Chinsurah), Hooghly, has been assailed on the ground that the same is continuing in violation of mandatory time limit laid down under sub-section (2) of Section 144 of the Code of Criminal Procedure.
Admittedly, the initial order was passed on March 27, 2012. The continuation of the proceeding under Section 144 of the Code of Criminal Procedure beyond sixty (60) days from the date of the initial order is impermissible.
For the reasons, as aforesaid, I allow the revisional application and quash the impugned proceeding.
dns ( Joymalya Bagchi, J. )