Sekh Abdur Rashid vs The State Of West Bengal & Ors
2022 Latest Caselaw 361 Cal

Form No. J(2)

IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side

Present:

The Hon'ble Justice Jay Sengupta

CRR 333 of 2022

Sekh Abdur Rashid Vs.

The State of West Bengal & Ors.

For the Petitioner          :      Md. Younush Mondal


Heard on                    :      8th February 2022

Judgment on :               :      8th February 2022



The Court:

This is an application challenging an order dated 07.12.2021 passed by the

learned Sessions Judge, Hooghly in Criminal Motion No. 36 of 2021 arising out of an

order passed by the learned Executive Magistrate under Section 144 of the Code.

Learned counsel appearing on behalf of the petitioner submits as follows. The

petitioner is suffering from disability. He had installed a tube-well in the land of one

Serijul Sekh. After the demise of the said Serijul, distant relations of that person came

to take possession of the tube-well. This led to a dispute between the parties. The

petitioner initiated a proceeding under Section 144 of the Code. Among other things,

by an order dated 06.08.2021 the learned Sub-Divisional Executive Magistrate, 2nd

Court, Sadar, Hooghly, in M.P. Case No. 902 of 2021 passed a direction upon the

others not to collect money from the shallow tube-well illegally. Subsequently, other orders were also passed asking the parties to maintain peace. However, on an

application filed by the other side, the learned revisional Court set aside the above

portion of the order dated 06.08.2021. Since the petitioner had installed the shallow

tube-well it was his right to collect the money for the same. In view of the same the

impugned order needs to be interfered with.

I have heard the submissions of the learned counsel appearing on behalf of

the petitioner and have perused the revision petition.

It appears that the learned Sessions Judge has only dealt with a part of the

order passed by the learned Executive Magistrate, on 06.08.2021. The said portion of

the order that was set aside is quoted as under:-

"O.Ps. are directed not to collect the money from shallow tube-well illegally

and not to disturb the F.P., without the due process of Law."

By passing the above captioned portion of the order the learned Executive

Magistrate has indeed acted like a learned Civil Court. Therefore, such portion of the

order is not tenable in law.

The learned Sessions Judge was, thus, absolutely right in holding that an

Executive Magistrate could not pass such a direction.

As such, I do not find any illegality in the impugned order. Therefore, the

revisional application is dismissed.

However, there shall be no order as to costs.

Urgent photostat certified copy of this order may be supplied to the parties

expeditiously, if applied for.

(JAY SENGUPTA,J )

SB