Madhabi Barui (Mandal) And Anr vs The State Of West Bengal & Ors
2022 Latest Caselaw 5206 Cal

Form J(1)       IN THE HIGH COURT AT CALCUTTA
                   Criminal Revisional Jurisdiction
                            Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri


                      CRR 2324 of 2022
               Madhabi Barui (Mandal) and Anr.
                              Vs.
                The State of West Bengal & Ors.


      Ms. Pampa Dey (Dhabal)
                      ...for the petitioner




Item No.192ML


Heard & Judgment on:        08.08.2022


Bibek Chaudhuri, J.

An order dated 26th May, 2022 passed by the learned

Executive Magistrate, Canning Sub-Division in MP Case No.570

of 2022 under Section 144(2) of the Code of Criminal Procedure

is sought to be challenged by the petitioner.

It is pertinent to mention at the out set that an order

passed under Section 144(2) of the Code of Criminal Procedure

remains its force for a period of 60 days. A proceeding under

Section 144(2) of the Code of Criminal Procedure is required to

be disposed of within the said period. The learned Executive

Magistrate cannot pass an order on a particular date and keep

the proceeding pending beyond 60 days.

Be that as it may, this Court is of the view that the

proceeding being MP Case No.570 of 2022 becomes non-est by

efflux of time. Therefore, the impugned order does not have any

force.

With the above observation, the instant revision is

disposed of.

(Bibek Chaudhuri, J.)