HAPPY HOME FISCAL SERVICE PVT LTD Vs. STATE

JUDGEMENT

(1.) After hearing the learned Advocate for the petitioners, Mr. Milon Mukherjee appearing with the learned Advocates Mr. Amiya Narayan Mukherjee and Mr. Pradyumna Sinha, and in con sideration of the materials on record, it appears that this revisional application under S. 482 of the Code of Criminal Procedure can be disposed of without directing the petitioner to serve notice along with copies of this application upon the opposite parties.

(2.) By this revision the petitioners have prayed for a direction upon the opposite party, meaning the Superintendent of Police, South 24-Parganas, and the Officer-in-Charge, Maheshtola Police Station, to ensure that free ingress and egress and free move ment of the men, materials and vehicles of the petitioners to and from the godown of the petitioners situated at Shampa Mirza Nagar is not obstructed and/or interfered with by the workers of M/s. Stad Pack Private Limited in any manner whatsoever and also for a direction upon the said authorities to ensure that the entrance gate and passage of the petitioners' godown at Shampa Mirza Nagar is not blocked. The petitioners also prayed for a further direction upon the opposite parties to ensure that the petitioner company is in a position to carry on its activities and the executives and staff of the com pany are not in any way prevented and to carry out the order dated 12/06/1995 passed by the learned Executive Magistrate in M.P. Case No. 1944 of 1995.

(3.) The petitioners made an application before the Court of the learned Executive Magistrate, 2nd Court, Alipore, 24-Parganas (South), under S. 144(2) of the Code of Criminal Procedure, and on 12/06/1995, the learned Magistrate passed a restric tive order and the order was served upon the police authorities who are the opposite parties herein being Nos. 2 and 3, but without any effect. Hence this revisional application with the prayer as mentioned earlier.