SATYENDRA KUMAR SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application under Section 482 of the Cr. P. C. has been filed for quashing of a proceeding under Section 144 (2) of the Cr. P. C. being M. P. Case no. 2521 of 2008 and also for setting aside the order dated 6th January, 2000 passed by the learned Executive Magistrate, Barrackpore in the district of 24-Parganas (N ).

(2.) ONE Bhubaneswar Singh and another Atal Behari Singh filed a writ petition before this Court being W. P. No. 27429 (W) of 2008 against the state of West Bengal and Others including the Governing Body of Arya pratinidhi Sabha, Bengal, the President of the said Sabha and the working president of the said Sabha praying for inter alia an order to restrain the respondents therein from giving effect to the letter dated 30th September, 2008 whereby one Ananda Kumar Arya, the President of the Arya Pratinidhi Sabha directed the Managing Committee to hand over all the relevant records to the new committee by superseding the alleged erstwhile committee and appointed an ad hoc committee for running the school. The present petitioner Satyendra kumar Singh who claimed to be the administrator of the school, namely Titagarh arya Vidyalaya was not the respondent by name in the writ petition. His Lordship hon'ble Justice Sadhan Kumar Gupta passed an interim order on 27th november, 2008 to the effect that the letter dated 30th September, 2008 which was issued by Ananda Kumar Arya, the alleged President of the Arya Pratinidhi sabha, Bengal would not be given effect to without the leave of the Court. An application under CAN No. 10283 of 2008 was moved in connection with that writ application by the present petitioner for variation of the order dated 27th november, 2008 but the Hon'ble Writ Court was not pleased to pass any order in variance of the order of 27th of November, 2008 and directed by the order dated 23rd December, 2008 that the application praying for vacating the interim order would be considered along with the writ petition. Then the present opposite party No. 2 Atal Behari Singh who claimed to be the Secretary of the school moved an application under Section 144 (2) of the Cr. P. C. before the learned executive Magistrate, Barrackpore who upon hearing the parties passed the following order on 6th of January, 2009 :

(3.) BEING aggrieved with this order Satyendra Kumar Singh said to be the administrator of the school has moved this application for quashing of the proceeding on the ground that the order dated 6th of January, 2009 is not sustainable firstly because the Hon'ble Writ Court either by the order dated 27th of November, 2008 or by the order dated 28th of December, 2008 did not say in express terms that the said Atal Behari Singh would be functioning as secretary of the school and what His Lordship did was not to give effect to the letter dated 30th September, 2008 issued by the said Ananda Kumar Arya. It is submitted by Mr. Debasish Roy, learned Advocate appearing for the petitioner that before passing an interim order under Section 144 (2) of the Cr. P. C. the learned Magistrate was required to be satisfied that circumstances did really exist which could lead to the apprehension that there might be breach of the peace unless a preventing order is passed ; and the learned Magistrate did not come to any satisfaction as to whether there was really any apprehension of the breach of the peace or tranquility. It is further submitted that it was not the business of the learned Executive Magistrate to direct the police to take such steps so that the opposite party No. 2, Atal Behari Singh could be functioning as Secretary of the school. Therefore, it is submitted that the order dated 6th of January, 2009 passed by learned Executive Magistrate, barrackpore is absolutely illegal.