The Single Judge quashed a proceeding under Section 144 CrPC initiated for maintaining peace due to alleged land encroachment, ruling that the order transgressed statutory limits.
The criminal revision petition (CRR 225/2022) has been disposed of by quashing the proceeding M.R. Case No. 01/JM/2022 before the Executive Magistrate.
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13.01.2023 SL No. 5 Court No.3 BR/SB
Circuit Bench of Calcutta High Court At Jalpaiguri
CRR 225 of 2022
In the matter of : Dinchen Yonzon & Ors.
Mr. Anand Bhandari Mr. Urgen Lama Mr. Panthu Rai
Mr. Mayank Bhandari … for the petitioners
Mr. Aditi Shankar Chakraborty, Ld. A.P.P. Mr. Sourav Ganguli … for the State
Mr. Pratap Khetri Ms. Bandana Rai … for the O.P. No. 3
Affidavit of service is taken on record.
This proceeding under Section 144 of the Code of Criminal
Procedure initiated at the instance of Smt. Pramila Lakhandri on 01.01.2022 and a blanket order has been passed by the Executive Magistrate directing the Inspector-in-Charge, Kurseong Police Station to maintain peace in an around the locality on the allegation that opposite party was trying to encroach upon the land and garage in possession of the petitioners. The order passed by the learned Executive Magistrate prima facie indicates that he has transgressed the power vested upon him under Section 144(2) of the Code of Criminal Procedure, that apart the proceeding under Section 144 of Code of Criminal Procedure should come to an end at best after six months from the date of order.
Under such circumstances, I consider it fit to quash the proceeding being M.R. Case No. 01/JM/2022 dated 27.01.2022 pending before the learned Executive Magistrate, Kurseong.
With this observation, the criminal revision is disposed of.
Let a copy of the order be sent down to the learned Trial Court
for information and necessary action.
(Siddhartha Roy Chowdhury, J.)
2 provisions across 1 enactments
Dinchen Yonzon & Ors.
State
Opposite Party No. 3
Siddhartha Roy Chowdhury
As recorded by the court registry
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