Niranjan Kundu & Anr vs The State Of West Bengal & Ors
2022 Latest Caselaw 4147 Cal

12.07.2022 IN THE HIGH COURT AT CALCUTTA Item No.25 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 977 of 2005

Niranjan Kundu & Anr.

versus The State of West Bengal & Ors.

In Re: An Application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973.

Mr. Milon Mukherjee, Sr. Adv. ... For the Petitioners.

Mr. Mukherjee, learned senior advocate appears on

behalf of the petitioners.

None appears for the State and the private opposite

parties.

Records reflect that by an order dated 05.04.2005, a

co-ordinate Bench of this Court was pleased to order for stay

in respect of operation of the impugned judgment and order

dated 23.2.2005 passed by the learned Additional Sessions

Judge, 2nd Court, Hooghly in connection with Criminal

Motion No. 105/2002 till the disposal of the application.

The subject matter of challenge before the revisional

court related to an order passed by learned Executive

Magistrate, Chandernagore, Hooghly on 26.04.2002 wherein

the learned Executive Magistrate was pleased to hold, inter

alia, as follows :

"I also declare in terms Sub-section 6 of Sec 145 Cr.P.C. that

the F.P. is entitled to possession on the said plot until evicted

therefrom in due course of law and forbid all disturbances of

such possession until such eviction."

In view of nature of the findings of the learned

Executive Magistrate, I do not find that any interference is

required in respect of the order passed by the learned

sessions court wherein the said order of 26.04.2002 was set

aside.

However, having regard to the nature of the order

which has been passed by the learned Executive Magistrate

in respect of possession and eviction, I am of the opinion that

the civil court is having exclusive jurisdiction in respect of the

dispute. If the Case No. S/158/99 under Section 145 of the

Code of Criminal Procedure is still pending before the learned

Executive Magistrate, Chandernagore, Hooghly because of the

pendency of the present revisional application, I direct the

learned Executive Magistrate, Chandernagore, Hooghly to

refer the parties to the civil court and provide interim

protection in respect of either of the parties till civil court

passes any order/interim order in respect of subject matter of

dispute.

With the aforesaid observations, the revisional

application being CRR 977 of 2005 is disposed of.

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.)