LAWS(CAL)-1970-5-24

PASHUPATI MONDAL Vs. BIRENDRA NATH DEY

Decided On May 12, 1970
Pashupati Mondal Appellant
V/S
BIRENDRA NATH DEY Respondents

JUDGEMENT

(1.) This revisional application is against an order passed by the Sub -divisional Magistrate, Suri, Birbhum, dropping a proceeding drawn up by him under Sec. 144, Code of Criminal Procedure.

(2.) The Petitioner Pashupati Mondal filed an application on July 3, 1969, alleging that the opposite parties were trying to forcibly dispossess him from lands cultivated by him after destroying the crops grown on the land and also damaging his pump etc. He alleged that he was being threatened and that there was apprehension of breach of the peace.

(3.) The learned Magistrate Mr. S.R. Saha was satisfied that there was immediate apprehension of breach of the peace, and drew up proceedings under Sec. 144, Cr.P.C, against the opposite parties restraining them from disturbing the transplanted paddy on the land....and also from destroying the pumping machine.....