LAKSHMI KANTA BAR Vs. RABINDRA NATH BAR

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India has arisen out of the proceedings bearing M. P. Case No.1849 of 2009 under Section 133 of the Code of Criminal Procedure, 1973 pending before the Executive Magistrate, Second Court, Alipore, District South 24 Parganas. By the said application, the petitioner has prayed for early disposal of the case.

(2.) The grievance of the petitioner is that the path in question is the only way for ingress and egress to the house of the petitioner and this is being blocked by the opposite parties. They are not allowing the petitioner and other members of his family for free ingress and egress. So the prayer has been made for the rleiefs stated above.

(3.) From the materials on record I find that the petitioner filed the M. P. Case No.1849 of 2009 for appropriate reliefs on 21.05.2009. An enquiry was made as per order of the Executive Magistrate and the concerned P.S. submitted a report. In the meantime, the petitioner had to file one writ application bearing W.P. No.3218(W) of 2009 for getting electricity from the electricity company. That writ application was disposed of directing the opposite party to get free access and cooperation for installation of electricity in the premises of the petitioner. Anyway, the said M. P. Case has not yet been disposed of and the petitioner is facing hardship. This being the position, I hope that the situation demands that some positive steps should be taken directing the concerned Executive Magistrate to dispose of the same within a certain period. Accordingly, this application is disposed of directing the Executive Magistrate, Alipore, District South 24 Parganas to dispose of the said M. P. Case under Section 133 of the Cr. P. C. within a period of 30 days from the date of communication of the order, if not already disposed of in the meantime.