MAKIMUDDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this application under Section 482 of the Code of Criminal Procedure the petitioners challenge an order dated June 16, 2005 passed by the learned Sessions Judge, Malda in connection with criminal revision No. 10 of 2005 where the learned Session Judge dismissing the said criminal revision upheld the order dated February 11, 2005 passed by the learned Sub-Divisional Executive Magistrate, Chanchal, in connection with a proceeding under Section 145 of the Code of Criminal Procedure relating to the case No. 43P of 2004.

(2.) Mr. Arup Kumar Chatterjee, learned Advocate appearing on behalf of the petitioners challenged the impugned order passed by the learned Session Judge, Malda on the ground that the learned Judge failed to appreciate the provisions of Section 146 of the Code of Criminal Procedure. According to his submission no Court can, after terminating the appointment of receiver direct hand over of the possession of the disputed land to either of the parties without the right, title and interest being decided by a competent civil Court.

(3.) On the other hand, Mr. Madhusudan Sur learned Advocate appearing on behalf of the opposite parties vehemently opposed the submissions of Mr. Chatterjee and invited this Court's attention to the relevant provision of Sections 144 and 146 of the Code of Criminal Procedure.