SAMSUDDIN LASKAR Vs. JAHANGIR LASKAR

JUDGEMENT

(1.) This is an application challenging an order dated 20.02.2021 passed by the learned Sessions Judge, Diamond Harbour, South 24-Parganas in Criminal Motion No.77 of 2021, thereby admitting the revision and staying the order dated 20.02.2021 passed by the learned Executive Magistrate, Diamond Harbour, South 24-Parganas.

(2.) Learned Counsel appearing on behalf of the petitioner submits as follows. The petitioner had filed an application under Section 144 of the Code praying for an appropriate relief against the opposite party who happened to be the brother of the petitioner, but was making an unauthorised construction in the joint property belonging to the two. The learned Magistrate quite rightly directed the opposite party not to disturb the peaceful possession of the petitioner and not to change the nature and character of the property in question. But, the learned revisional Court, on an application filed by the private opposite party, erred in staying an order passed by the learned Magistrate.

(3.) I have heard the submissions of the learned Counsel appearing on behalf of the petitioner and have perused the revision petition.