- (1.) The present case arises out of an application Under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 for quashing the order dated 25.02.2011 passed by the Learned Additional District and Sessions Judge, First Track, 1 st Court, Haldia, Purba Medinipur in Criminal Revision No. 237 of 2010 arising out of the order dated 6.9.2010 passed by the Learned Executive Magistrate. Haldia in M.P Case No. 304 of 2010.
(2.) The relevant facts of the present case are, in a nutshell, as follows: The petitioner herein as petitioner filed an application before the Learned Executive Magistrate, Haldia Under Section 144(2) of the Code of Criminal Procedure. The said application was registered as M.P. Case No. 304 of 2010. After initiation of the said case, the Learned Executive Magistrate called for the reports from the BL & LRO and also from the Officer-in-Charge, Nandigram Police Station. After receiving the said reports, the Learned Executive Magistrate heard both sides and being satisfied with the contention of the petitioner, the Learned Executive Magistrate drew up proceedings Under Section 144(2) of the Code of Criminal Procedure on 6.9.2010 and issued notice accordingly.
(3.) Being aggrieved by the said order in the matter of drawing up proceeding Under Section 144 of the Code of Criminal Procedure, the Opposite Party of the said case namely Subehndu Dikshit preferred the revisional application which was registered as Criminal Revision No. 237 of 2010. Subsequently, on 25.2.2011 the said revisional application was allowed on contest and the order of the Learned Executive Magistrate passed in the said M.P Case was set aside. Being aggrieved by and dissatisfied with the said order dated 25.2.2011, the petitioner herein has preferred this application.;