SANTOSH NAYAK & ANR. Vs. PRADIP MOULIK

JUDGEMENT

(1.) This revisional application by two petitioners is directed against an order dated 12.6.79 passed by the learned Executive Magistrate, 3rd Court, Calcutta converting the proceedings of Case No. M/-'99 of 1974 under Section 144 of the Code of Criminal Procedure into one under Sec. 145 of the said Code. The order under Sec. 144(2) of the Code Criminal Procedure was passed on 10.4.79 and the same was converted into proceeding under Sec. 145 of the Code Criminal Procedure on 12.6.79. The petitioners live preyed for quashing of the entire proceedings.

(2.) Mr. Sanyal, learned Advocate on behalf of the petitioners has submitted that the order under Sec. 144 (2) of the Code of Criminal Procedure, 1973 remained in force for two months from the date of making thereof and bee was no longer in force on 12.6.79 when the said proceeding under S. Sec 1.44 was converted into a proceeding under Sec. 145 of tie said Code, and the learned Magistrate was functus officio on 12.6.79, since the statutory sixty days had expired on 9.6.79. He submitted that since the said order under Sec. 144(2) of the said Code was not in existence on 12.6.79, there was no existing order to be converted. Ap from this submission which, if accepted, will dispose of this application in favour of the petitioners, Mr. Sanyal also urged other points to show that the learned Magistrate after converting the said proceeding under Sec. 144 into proceeding under Sec. 145 of the said Code did not proceed in accordance with law and further that the drawing up of the said order under Sec. 145 of the said Code was itself bad, since according to him a format order is necessary in the shape of a "speaking order".

(3.) Mr. Sanyal has relied upon the cases reported in 1978 CHN 479 (Paresh Ch. Hati & Ors. Vs. Ahitosh Panda & Ors.) , 1963 Cr.L.J. 1872 (SC) (Acharya Jagdishwaranda Avadhuta & Ors Vs. Commissioner of Police Calcutta & Anr, and 13 CWN 195 (J. A. Thomson Vs. Emperor) in support of his contention that the Executive Magistrate was functus officio on 12.6.79 when he passed the impugned order.