LAWS(TRIP)-2014-9-62

SUKANTA MANIK Vs. STATE OF TRIPURA

Decided On September 24, 2014
Sukanta Manik Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) This revisional application under Sec. 397 read with Sec. 401 of Crimial P.C. is directed against order dated 24.05.2014 passed by learned Sub-Divisional Magistrate, Santirbazar, South Tripura in Case No.(nil)/2014, under Sec. 145 of Crimial P.C. between Smt. Deb Laxmi Tripura (1st party) and Sri Sukanta Manik & others (2nd parties).

(2.) Heard learned Sr. counsel Mr. A. C. Bhowmik assisted by learned counsel, Mr. D. Sarkar for the petitioners; learned P.P. Mr. A. Ghosh for respondent No.3 and learned counsel Mr. B. Majumder for the respondent No.4. Respondent Nos. 1 and 2 have chosen to remain absent in spite of service of notice.

(3.) It is quite surprising that a proceeding under Sec. 145 of Crimial P.C. has been initiated by the learned SDM, whereas, no proceeding number has been recorded and no Serial number of the order has also been given. There must be a proceeding number in the event of a quasi judicial proceeding is initiated by an Executive Magistrate by virtue of the power vested in such Executive Magistrate as per the procedure prescribed by law. Learned SDM should follow the procedure while initiating quasi judicial proceeding.