ABU BAKER RAHMAN Vs. STATE OF WEST BENGAL
LAWS(CAL)-2019-6-79
HIGH COURT OF CALCUTTA
Decided on June 12,2019

Abu Baker Rahman Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

Debangsu Basak - (1.)Can 4455 of 2019 is an application seeking interim relief in a review petition.
(2.)It would be appropriate to take up the review petition for consideration.
(3.)Learned Advocate in support of the review applicant submits that, the order dated April 17, 2019, of which review is sought, was passed on submissions which are incorrect. He submits that, an earlier writ petition being WP 1400(W) of 2017 was disposed of by the order dated Feb. 9, 2017. The order dated Feb. 9, 2017 directed the Executive Magistrate to convert MP Case No.1794/16 from proceeding under Sec. 144 of the Code of Criminal Procedure, 1973 to one under Sec. 145 of the Crimial P.C. He submits that, the State not complying with the directions contained in the order, the writ petition being WP No.5196(W) of 2019 was filed. In such writ petition, the order dated April 17, 2019 was passed on the erroneous submissions on behalf of the State that, MP Case No.1794/16 was dropped prior to the order dated Feb. 9, 2017. He refers to the certified copy of the orders passed in MP Case No.1794/16 produced on behalf of the private respondent and submits that, the certified copy itself will show that the same was obtained on Jan. 19, 2017 in respect of an order passed on Feb. 8, 2017. Therefore, the same is an absurdity. That being the situation, it is apparent that, there are manipulations of the records. The Court should take cognizance of the same. The Court should review the order dated April 17, 2019 and revive the writ petition being WP No.5196(W) of 2019 and hear such writ petition on merits. He also refers to the order sheet of MP Case No.1794/16 and submits that, such order sheet is not signed by the learned Magistrate. He relies upon Sec. 362 of the Code of Criminal Procedure and submits that, since the order is not signed, the same cannot constitute a valid order for the Court to take cognizance. Therefore, MP Case No.1794/16 cannot be said to have been disposed of on Feb. 8, 2017.


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