HARAN SARDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been directed for quashing of the entire proceeding in connection with M.P. Case No. 504 of 2014 under sec. 133 of the Code of Criminal Procedure now pending before Executive Magistrate, Basirhat, North 24 Parganas.

(2.) The case as set out by the petitioners in the revisional application is that an application was filed by the opposite party no. 2 before the learned Executive Magistrate, North 24 Parganas in connection with M.P. Case no. 504 of 2014 alleging that opposite party no. 2 is the owner of 21 Satak of land at Dag no. 332 corresponding to L.R. plot no. 2639 which comprised of a room along with a kitchen and a privy. There is an adjacent pathway adjacent to that plot but the present petitioners and his family members are trying to restrain the opposite party no. 2 from using the adjacent pathway over plot no. 3074 and as a result, the opposite party no. 2 was compelled to file the said application. The said application was heard from time to time and by an order dtd. 14/2/2019, the Executive Magistrate, Basirhat was pleased to pass an order, thereby directing that the order dtd. 15/2/2018 stands absolute and the opposite parties of that case i.e. petitioners herein must remove the obstruction immediately and the compliance to be submitted by next date otherwise opposite parties/petitioners herein will be liable for prosecution under Sec. 188 of the Indian Penal Code.

(3.) It is further case of the petitioners that they have already filed a partition suit being no. T.S. 119 of 2019 before learned Civil Judge, (Senior Division) at Basirhat for partition and injunction in respect of said plot being J.L, no. 93, Dag no. 3074, measuring 44 Satak of land under Khatian no. 2411, 2637 and 2466,where pathway allegedly exists. The petitioners also filed an ad-interim injunction application and learned trial Judge was pleased to pass an order of status quo which is continuing till date.