MAINAK DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Sec. 482 of the Code of Criminal Procedure filed by the opposite party in a proceeding under Sec. 144(2) of the Code of Criminal Procedure for quashing of such proceeding registered as MP Case No.1747 of 2022 and order dtd. 20/5/2022 in the said proceeding.

(2.) It is pointed out by Mr. Ayan Bhattacharya, learned Advocate for the petitioner that the application under Sec. 144(2) of the Cr.P.C was filed by the opposite party No.2 praying for an order restraining the petitioner and his men and agents from removing any material, porcelain insulator from the schedule property illegally and dishonestly and directing the Officer-in-Charge, Khardah Police Station to keep strong vigil over the situation so that the present petitioner cannot remove any material illegally from the suit property.

(3.) The Executive Magistrate, Barrackpore Sub-Division passed the impugned order on 20/5/2022 directing OC Khardah P.S to inquire into the matter and submit a report and ensure that no illegal activities takes place in the schedule property without due process of law.