Joymalya Bagchi, J.:— Order dated December 22, 2015 in G.R Case No. 2695 of 2015 pending in the court of learned Judicial Magistrate, 3rd Court, Diamond Harbour, South 24 Parganas arising out of Falta Police Station Case No. 360 of 2015 dated June 10, 2015 under Sections 341/186/506/34 of the Indian Penal Code and Section 12 of the Sarai Act has been in assailed.
2. Mr. Pawan Kumar Gupta, learned advocate who ordinarily appears for the State is requested to appear in this matter. Let a copy of this revision petition be handed over to Mr. Gupta in course of this day. On June 10, 2015 Deputy Magistrate & Deputy Collector, Diamond Harbour, along with other officers had conducted an inspection at Hotel River View and one lady claiming to be the wife of the owner of the said hotel obstructed their discharge of official duty therein. She was informed about the rights and duties of the said officers and thereafter inspection was conducted and it was found that immoral trafficking were being carried on in the said hotel. Accordingly, room no. 1, 2, 4, 10, 11, 12 & 9 were shut up in order to avoid filthy environment in the hotel in exercise of power under Section 9 of the Sarais Act.
3. F.I.R being Falta Police Station Case No. 360 of 2015 dated June 10, 2015 under Sections 341/186/506/34 of the Indian Penal Code and Section 12 of the Sarai Act was registered. Over the selfsame incident, proceeding was drawn up under Section 144 Cr.P.C being M.F 1611 of 2015 wherein prohibitory order was passed prohibiting any person to enter and reside in the room number 1, 2, 4, 9, 10, 11, 12 of the Hotel River View and persons were restrained to use the surrounding area of the room until further order. Another proceeding under Section 133 Cr.P.C being M.F 1610 of 2015 was also drawn up and order was passed to shut up the seven rooms, as aforesaid, so as to prevent commission of public nuisance and tranquility.
4. Over this issue, a writ petition was moved by the petitioner being W.P 16644 (W) of 2015 which was disposed of by a learned Single Judge of this Court by order dated July 27, 2015 whereby liberty was given to the District Magistrate to proceed with the revocation of registration of licence issued to the petitioner and the petitioner was restrained from operating the hotel till favourable order is obtained from the District Magistrate. The petitioner was also given liberty to proceed against the orders passed under Sections 133 and 144 Cr.P.C respectively before the appropriate forum. In terms of the aforesaid order, notice for revocation of the licence of the petitioner was issued by the District Magistrate and it appears that the petitioner has filed a representation thereto and the said proceeding appears to be still continuing.
5. Under such circumstances, the petitioner prayed before the learned Judicial Magistrate for opening seven rooms of the hotel which had been locked up. By order dated December 22, 2015 such prayer was turned down.
6. Learned advocate for the petitioner submits that as the rooms were locked up by the investigating agency in exercise of power under Section 102 Cr.P.C it was within the jurisdiction of the learned Magistrate to pass appropriate order for opening the rooms pending such investigation.
7. I have considered the materials on record and I am unable to accede to such submission of the learned lawyer for the petitioner. I find that the rooms have been shut up pursuant to order passed by the learned Executive Magistrate on June 10, 2015 under Section 133 Cr.P.C In fact, liberty was given to the petitioner to question such order before the appropriate forum but the petitioner chose not to do so. Furthermore, no order permitting the petitioner to carry on business has been passed by the District Magistrate in terms of the order dated July 27, 2015 in W.P 16644 (W) of 2015.
8. Accordingly, I do not find any merit in the instant revision petition. I, however, make it clear that in the event District Magistrate gives permission to the petitioner to carry on business under the provisions of the Sarais Act, it shall be open to the petitioner to apply before the Executive Magistrate for modification of the order dated June 10, 2015 in terms of such permission so granted. With the aforesaid observation, the revision petition is disposed of.
9. Let photostat certified copy of this order be given to the parties, if applied for, on urgent basis upon compliance of all formalities.