Radha Nath Nandy vs The State Of West Bengal & Ors
2022 Latest Caselaw 813 Cal

24.02.2022                IN THE HIGH COURT AT CALCUTTA
Item No.7                 CRIMINAL REVISIONAL JURISDICTION
Ct.No.34
   dc.
                                   C.R.R. 188 of 2017
                                  (Via Video Conference)

                                     Radha Nath Nandy
                                          versus
                               The State of West Bengal & Ors.

             In Re: An Application under Section 482 of the Code of
             Criminal Procedure, 1973 filed for challenging the judgment
             and order dated 27.12.2016 in connection with Case No. M.P.
             395 of 2014 passed by learned Executive Magistrate,
             Bidhannagar under Section 133 of the Code of Criminal
             Procedure.

             Mr. Radha Nath Nandy             ... Petitioner (In Person).

             Mr. Arijit Ganguly,
             Mr. Sanjib Kumar Dan             ... For the State.

             Ms. Swarnali Saha,
             Mr. Abhijit Saha           ... For the Opposite Party Nos. 3 and 4.



                   The petitioner appears in person.

                   Mr. Arijit Ganguly, learned advocate appearing for the

             State has submitted a report furnished by the Inspector-in-

             Charge, Lake Town Police Station. Let the said report dated

             24.02.2022 be kept on record.

                   The report reflects that inspection was carried out

             along with the engineers of the concerned Municipality being

             South Dum Dum Municipality. The report reflects that there

             have been deviations which were the subject matter of

             concern of the present petition. Whether the said deviations

             would come within the ambit of Section 133 of the Code of

             Criminal Procedure is to be decided by the learned Executive

             Magistrate before whom initially the application was filed by

             the petitioner.
                              2




      In view of the aforesaid, I set aside the order dated

27.12.2016

wherein the learned Executive Magistrate was

pleased to hold that the application under Section 133 of the

Code of Criminal Procedure is not maintainable. The learned

Executive Magistrate will take into account whether the illegal

extensions as reported by the concerned municipal engineers

are cause of concern including irritation to the present

petitioner.

The learned Executive Magistrate is directed to take

steps including pass necessary direction upon the Municipal

authorities regarding the illegal constructions which have

been mentioned in the report after affording opportunity to

the affected parties. The learned Executive Magistrate will

primarily emphasis on the issue of "nuisance" and pass

necessary direction upon the Municipal authorities to pass

appropriate orders in accordance with the Municipal Laws.

Learned advocate appearing for the State is directed to

hand over copies of the report upon the petitioner appearing

in person as well as the learned advocate appearing for the

private opposite parties.

With the aforesaid observations, the revisional

application being CRR 188 of 2017 is disposed of.

Interim order, if any, is hereby vacated.

All pending connected applications, if any, are

consequently disposed of.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

(Tirthankar Ghosh, J.)