Rabindra Singh Rathore vs Nepal Chandra Das & Anr
2023 Latest Caselaw 2989 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                               Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri
                        C.R.R. 4045 of 2022
                      Rabindra Singh Rathore
                                Vs.
                     Nepal Chandra Das & Anr.

For the petitioner      : Mr. Tapas Kumar Sinha, Adv.
                          Mr. Arunava Pati, Adv.
                          Mr. Arup Kundu, Adv.

Heard on                : 27.04.2023.

Judgment On             : 27.04.2023.

Bibek Chaudhuri, J.

The petitioner has challenged an order dated 3 rd August, 2022

passed by the learned Executive Magistrate, Khatra, Bankura in Case

No. M.P. 424 of 2019 dropping the Case No.M.P. 145 of 2020.

I have perused the impugned order.

It is needless to say that both the above mentioned cases are

proceedings under Section 144 of the Cr.P.C. Both the cases are at

present not maintainable due to efflux of time. Moreover, a civil suit is

pending between the contesting parties over the ownership of the

disputed land. However, it is recorded that the schedule of the civil suit

and the land involved in M.P. Case No.424 of 2019 and M.P. Case

No.145 of 2020 are completely different and separate.

In order to have efficacious relief, the petitioner will have to

approach the appropriate Forum and the Executive Magistrate is not the

forum to decide the right, title and interest over any landed property.

Since the effect of the order passed in M.P. Case No.424 of 2019

and M.P. Case No.145 of 2020 has already expired by efflux of time, I do

not find any reason to admit the instant revision.

With the above observation, the instant revision is disposed of.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.13.

D/L.