DEBANDRA NATH MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BY this revisional application under Sections 401 and 482 of the Code of Criminal Procedure the petitioner has challenged the order dated 6-9-93 passed in M. C. Case no. 203 of 1993 by the Sub-divisional Magistrate, Jhargram, upon an application under Section 144 of the Code of Criminal Procedure made by the son of the petitioner (herein) before that Court alleging that there was apprehension of breach of peace but. as there is no mention in the report either of the Block Land and Land Reforms Officer and the Officer-in-charge of the Navagram Police Station that by whom such breach of the peace may be caused, the learned Magistrate did not initiate a proceeding under Section 144 of the Code of Criminal Procedure but came to a positive finding, independent of the land and gave direction as follows :-"legal steps be given to the O. P. members". Being aggrieved by the said order the petitioner has moved this petition in revision.

(2.) IN short, the fact of the case in that the petitioner herein is the owner of the land in question and the opposite parties nos. 2 to 10 are alleged to be the bargadars in respect of the said land. Though the petitioner cultivated a portion of the said land, the opposite parties nos. 2 to 10 are interfering with the possession and cultivation of the petitioner regarding the said land and for that there is an apprehension of the breach of the peace. On that allegation the petitioner's son made an application before the Sub-divisional Magistrate, Jhargram, under Section 144 of the Code of criminal Procedure and the learned Magistrate directed the Block Land and Land Reforms Officer and the officer-in-charge of the Navagram Police station to enquire and report. The said authorities after making an enquiry submitted their reports before the Sub divisional Magistrate and the sub divisional Magistrate on the basis of the said report came to a finding that there was apprehension of the breach of the peace. As the reports were silent on the point by whom such breach of the peace may be caused he did not draw up any proceeding; under Section 144 of the Criminal procedure Code but came to an independent finding that the opposite parties are in possession of the land and gave direction as above.

(3.) MR. Sadananda Ganguli with Mr. Manik Bhaumik, learned Advocates for the petitioner, took objection about the finding of the learned Sub-divisional Magistrate that the opposite parties are in possession and they are the recorded bargadars and that legal help be given to opposite parties members.