UTPAL MONDAL Vs. JAYANTA MAJHI AND ANOTHER

JUDGEMENT

(1.) In the instant criminal revisional application, the petitioner challenged the order dated March 4, 2005 passed by the Learned Sub-Divisional Judicial Magistrate, Uluberia, in connection with a case No. 163-C/05, taking cognizance under Section 188 of the Indian Penal Code for alleged disobedience of an order under Section 144(2) of the Criminal Procedure Code passed by the Learned Sub-Divisional Executive Magistrate, Uluberia in connection with Misc. Case No. 25/05.

(2.) Heard, Mr. Sukdeb Chatterjee, learned advocate, appearing on behalf of the petitioner and Mrs. Samapti Chatterjee, learned advocate, appearing on behalf of the opposite parties. Considered the materials on record and more particularly the impugned orders.

(3.) Upon perusal of the order dated January 5, 2005 the alleged dis- obedience whereof the petitioner has been sought to be prosecuted under Section 188 of the Indian Penal Code, I find that the said order is not in conformity with the provisions as laid down in the provision of Section 144(2) of the Code of Criminal Procedure. The provisions of the Section 144(2) of the Code empowers the Learned Executive Magistrate to pass an ex parte order, in the event, the Learned Magistrate is of the opinion that emergency exists or it was a case where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed.