PROBIR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) HAVING heard the learned counsel, I am of the opinion that the dispute between the petitioner and the private respondents being a private dispute, no relief can be granted to the petitioner in this writ petition, in view of the decisions of the Supreme Court of India reported in AIR 1993 SC 1225 (Mohan Pandey & Anr. v. Smt. Usha Rani Rajgaria & Ors.), 1996(3) SCC 403 (Prasanna Kumar Roy Karmakar v. State of W.B. & Ors.) as also the decisions of this court reported in 1995(1) C.L.J. at page 257 (Bishnupada Khar v. State), Calcutta Law Times 1995(2) High Court at page 37 (Manordas Shah v. State) and in 1996(2) Calcutta Law Times at page 418 (Kanak Kumar Bar & Anr. v. State of West Bengal & Ors.).

(2.) MR . Basu Mallick, appearing on behalf of the petitioner has relied upon an order passed by a learned Magistrate which is contained in Annexure 'B' to the writ petition. This court times without number had deprecated such order passed by the Executive Magistrate on the body of the application. A proceeding under Section 144(2) Cr.P.C. is a judicial proceeding and as such the concerned Magistrates are required to act judicially. An order under Section 144(2) Cr.P.C. must be passed on the order sheet upon application of judicial mind. Furthermore, the said order does not conform to the requirements of law, inasmuch as, neither a proceeding had been initiated prior thereto nor any reason has been assigned for passing such order, as is mandatorily required. The said order is, therefore, illegal.

(3.) THIS application is dismissed. Application dismissed.