The Court dismissed a criminal revision application challenging an order under Section 107 CrPC drawn up against opposite parties. The order had already lost its force in August 2022. The application was deemed devoid of merit.
Costs of Rs. 10,000 to the respondents.
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1.09.2023 SL No.13 Court No.3
Circuit Bench of Calcutta High Court At Jalpaiguri
CRR 103 of 2022
In the matter of: Subal Chandra Mazumder …..petitioner.
Mr. Aniruddha Biswas
….. for the State.
None is appearing on behalf of the petitioner.
Mr. Aniruddha Biswas, learned counsel is representing the State.
This application impeaches the order passed by the learned Executive Magistrate at Jalpaiguri in N.G.R. 308 of 2022 in a proceeding under Section 107 of the Code of Criminal Procedure.
Apprehending breach of peace over the rival claim of ownership in respect of property, learned Executive Magistrate pursuant to G.D. 367/393 dated 07.01.2022 on 3rd February, 2022 drew up a proceeding under Section 107 of the Code of Criminal Procedure against the opposite parties, namely, Soumen Saha, Swapan Dutta and Sukanta Sarkar directed them to execute bond of Rs. 5,000/- each to keep peace in the locality for a period of six months.
Such order was passed on 3rd February, 2022. Interestingly, the petitioner, the first party in the proceeding Subal Chandra Mazumder, upon whom no
2
direction was given, being aggrieved by such order, preferred an application under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure.
The writ application, however, was converted into the petition for Criminal revision. The order impugned has lost its force in the month of August, 2022.
The revisional application is devoid of any merit and is dismissed with cost of Rs. 10,000/- C.P.
(Siddhartha Roy Chowdhury,J)
2 issues framed by the court
Whether the revisional application challenging the order under Section 107 CrPC has merit given that the order has lost its force.
Whether the petitioner deserves costs in dismissing the frivolous revision application.
2 provisions across 2 enactments
Subal Chandra Mazumder
State
Siddhartha Roy Chowdhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
