MAMAN CHAND SINGHANIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this criminal revision the validity of a proceeding Under Section 145 Cr. P.C. pending before an Executive Magistrate has been challenged. The relevant proceeding was initiated on the basis of the following facts :-

(2.) The property in dispute appertains to premises No. 291 Netaji Subhas Road, Asansol and consists of a big hall, about 6500 square feet in area owned by the petitioner No. 1. The said hall is utilised for various types of business by the petitioners including a partnership business with the firm name Singhania Soap Factory. For facilitating the carrying on of different business the hall has been divided into three compartments with partition walls. The aforesaid partnership business of the Singh ania Soap Factory has, however, come to a standstill since 1987 owing to disputes among the partners,

(3.) The parties excepting O.P. No. 1 (i.e. the State) are closely related. On 18.07.88 O.P. No. 2 filed a petition Under Sections 447/107/116(3) Cr. P.C. against the petitioners and others alleging that the opposite parties mentioned therein were trying to take exclusive possession of the Soap Factory by taking law in their own hands and were thereby threatening peace The Magistrate concerned before whom the petitioners filed the petition asked the police to make an enquiry into the matter and directed the maintenance of status quo in the meantime. The police however, locked the entrance door by putting padlocks thereon and prevented the use of the disputed room by any of the parties. The present petitioners thereafter appeared before the Magistrate and placed their case before him. But the Magistrate after hearing the parties converted the proceeding Under Section 144 into one Under Section 145 Cr. P.C. and then attached the property Under Section 146. It has been alleged that since then the matter is being dragged unnecessarily and the petitioners have been unduly deprived of the enjoyment of the property. They, therefore, pray for the quashing of the proceeding which has been started Under Section 145 Cr. P.C.