KALYAN KUMAR BHATTACHARJEE Vs. KWITICK K SEAL

JUDGEMENT

(1.) THE petitioner in this revisional application has not appeared. THE O.P. No.1 has also not appeared.

(2.) ON behalf of the State Mrs. Dipti Moitra, the learned advocate has appeared. The revisional application is directed against the order of the learned Executive Magistrate drawing up proceedings under section 145 of the Cr. P.C. That order is dated 17.11.80. As none has appeared for the petitioner, I have not had advantage of hearing the arguments advanced on his behalf. How ever, I have closely scrutinised the record and I find that there is no ground for interfering. Under section 145 of the Cr. P.C. whenever the learned Executive Magistrate is satisfied on police report or otherwise that a dispute likely to cause a breach of the peace exists concerning any land etc., he shall make an order, requiring the parties to attend the court. In short, the learned Executive Magistrate, if he is satisfied that there is any apprehension of breach of peace concerning any land he can draw the proceeding under section 145 of the Cr P.C. In this case, the learned Magistrate, on the report of the J.L.R.O, Sadar was satisfied that there was apprehension of breach of peace. So he drew up the proceeding under section 145 of the Cr. P.C. He has also taken care to attach the case land and appointed the local Gram-Pradhan the Receiver of the case land and the standing crop. The order is quite a prudent one and does not suffer from any infirmity. The revisional application must be dismissed. The revisional application is dismissed. The rule is discharged.