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Calcutta High Court (Appellete Side)

Sk. Ekram Ali @ Sk. Akram Ali vs The State Of West Bengal & Anr on 22 February, 2022

22.02.2022 S/L No.19 KS (Via Video Conference) C.R.R. 4036 of 2011 Sk. Ekram Ali @ Sk. Akram Ali Vs. The State of West Bengal & Anr.

Mr. Bidyut Kumar Roy Mr. Pratick Bose .....For the State On call none appears for the petitioner. Mr. Bidyut Kumar Roy and Mr. Pratick Bose, learned advocates appear for the State in this case. Their appointment may be regularized by the concerned authority.

The revisional application is listed today for hearing as 'listed motion'.

Petitioner preferred this revisional application under Section 482 of the Code of Criminal Procedure praying for setting aside/quashing of order dated 12.12.2011 passed by learned Executive Magistrate, Arambagh, Hooghly in M.P. Case No.667 of 2011 now pending before Learned Executive Magistrate, Arambagh, Hooghly, where on the basis of a petition filed by Azad Ali Khan against the present petitioner, the Learned Magistrate had directed O.C. Khanakul Police Station to enquire and submit a report and directed him to maintain peace and tranquility in the area and 2 furthermore directed that no construction should be made on "kha" Schedule property of the first party.

Heard learned advocates for the State who submitted that according to Section 144(4) of the Code of Criminal Procedure the order has lost its force and there is no illegality in that order.

Considered the submissions and the impugned order. I find no illegality in the order passed by the Learned Executive Magistrate at the relevant time. The order dated 12.12.2011 has no force as on date.

Therefore, the revisional application has no merit and the same is dismissed.

Let a copy of this order be sent to the learned Executive Magistrate, Arambagh, Hooghly for information.

(Ananda Kumar Mukherjee, J.)