MONILAL BAKSHI Vs. DIPAK RANJAN BAKSHI

JUDGEMENT

(1.) Heard Mr. M. Singh learned counsel for the petitioner and Mr. G. P. Bhowmick learned counsel for the opposite party.

(2.) In this revision the short point that has arisen for consideration is that whether a proceeding drawn under Section 144, Cr. P.C. can be converted to a proceeding under Section 145, Cr. P.C. Although there is no specific provision under the Criminal Procedure Code, various High Courts have held that proceeding drawn under Section 144, Cr. P.C. may be converted to a proceeding under S. 145, Cr. P.C. in appropriate cases. This Court will like to agree with the above provision.

(3.) The next question that comes for determination is when a Court can pass order of conversion. In view of the provisions under Section 144 (4), Cr. P.C. no order passed in a proceeding under Section 144, Cr. P.C. shall remain in force for more than two months from the date of making the order thereof. There is a proviso which provides for extension of the period for two months but admittedly the proviso is not applicable in the present case as no such extension was lawfully made. Thus, a Magistrate has jurisdiction/power to pass an order of conversion when the proceeding under Section 14 is alive, that is within a period of two months from the date of initiation of the proceeding. Once the proceeding under Section 144, Cr. P.C. lapses due to afflux of time, the Magistrate has no power to pass any order as the proceeding itself has become dead.