MINONDRO ARENGH Vs. TALIKA T.SANGMA

JUDGEMENT

(1.) By this Criminal Revision, the petitioner has challenged the impugned order dtd. 20/4/2022 passed in Misc. Case No. 01/2021 u/s 145 Cr.PC by which the disputed land was ordered to be attached u/s 146 (1) Cr.PC.

(2.) Heard Mr. A.S. Siddiqui, learned Sr. counsel appearing for the petitioner and also Mr. P.R. Paske, learned counsel for the sole respondent.

(3.) The facts as can be revealed from the materials on record is that the respondent herein filed an FIR dtd. 5/2/2021 before the Officer In- charge, Ampati Police Station alleging that the petitioner was attempting to forcibly occupy her land situated at Ichakuri, Ampati, South West Garo Hills District. Pursuant to the lodging of the FIR, the police conducted an investigation in the matter and thereafter, forwarded a report to the learned Executive Magistrate, South West Garo Hills District for initiation of proceeding under Sec. 145 Cr.PC involving both the petitioner and the respondent herein. The learned Executive Magistrate, consequent upon receiving the police report drew up a proceeding under Sec. 145 Cr.PC in Misc. Case No. 01/2021. It appears that pursuant to the initiation of the proceeding and filing of the written statement by the respective parties, the learned Executive Magistrate vide impugned order dtd. 20/4/2022 passed an order directing the attachment of the land in question under Sec. 146(1) Cr.PC and prohibited the parties from engaging in any economic activities on the land during the period of attachment or until such time when process and demarcation is completed by the concerned officials of the Garo Hills Autonomous District Council, (GHADC).