A single judge held that relief could not be granted in a writ petition seeking enforcement of a quashed Section 144 order after the provision's two-month life-span expired, instead directing the police to investigate a fresh complaint lodged by petitioners.
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20.07.2021 Ct. No.13 Sl. No.51 pk/akd
W.P.A. 10700 of 2021 [via video conference]
[Ketab Ali Molla & Ors. -Vs- The State of West Bengal & Ors.]
Mr. Shamik Chatterjee Mr. Souma Subhra Ray … … for the petitioners
The petitioners seek enforcement of an order dated 18th March, 2021 passed by the Executive Magistrate, Baruipur SubDivision, South 24-Parganas in M.P. Case No. 1129 of 2021 under Section 144(2) of the Code of Criminal Procedure.
Since the life of a proceeding under Section 144 of the Code of Criminal Procedure is for two months, no relief can be granted to the petitioners on the said score.
The writ petitioners, however, have lodged a complaint with the Officer-in-charge, Bhangore Police Station with a copy to the Superintendent of Police, Baruipur Police District.
The Officer-in-charge, Bhangore Police Station shall look into the complaint of the writ petitioners and take appropriate steps in accordance with law.
With the aforesaid observations, the writ petition is disposed of.
There shall be no order as to costs.
All parties are to act on a server copy of this order duly downloaded from the official website of this court.
(Rajasekhar Mantha, J.)
1 provisions across 1 enactments
Ketab Ali Molla & Ors.
The State of West Bengal & Ors.
Rajasekhar Mantha
As recorded by the court registry
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