This revisional application by two petitioners is directed against an order dated 12.6.79 passed by the learned Executive Magistrate, 3rd Court, Calcutta converting the proceedings of Case No. M/299 of 1979 under S. 144 of the Code of Criminal Procedure into one under S. 145 of the said Code. The order under S. 144(2) of the Criminal Procedure Code was passed on 10.4.79 and the same was converted into proceeding under S. 145 of the Criminal Procedure Code on 12.6.79. The petitioners have prayed for quashing of the entire proceedings.

2. Mr. Sanyal, learned Advocate on behalf of the petitioners has submitted that the order under S. 144(2) of the Code of Criminal Procedure, 1973 remained in force for two months from the dote of making thereof and hence was no longer in force on 12.6.79 when the said proceeding under S. Sec. 144 was converted into a proceeding under S. 145 of the said Code, and the learned Magistrate was functus officio on 12.6.79, since the statutory sixty days had expired on 9.6.79. He submitted that since the said order under S. 144(2) of the said Code was not in existence on 12.6.79, there was no existing order to be converted. Apart from this submission which