ISHA ALI ALIAS SK KHOKA Vs. MEHERNAGER BEWA

JUDGEMENT

(1.) THIS revisional application has been preferred under Sections 397, 401 and 482 Cr. P. C. against the order dated 18. 2. 2005 passed by learned sessions Judge, in Criminal Revision No. 14 of 2004 allowing the revisional application and setting aside the order dated 14. 11. 2003 passed by learned executive Magistrate, Chanchal, Malda in Case No. 76m/87 under Section 145 Cr. P. C. directing the return of the deposited money to the petitioner.

(2.) THE case of the petitioner in short, is that the proceeding under section 145 Cr. P. C. being No. 76m of 1987 was initiated vide G. D. Entry no. 137 dated 05. 06. 87 of Ratua P. S. The Officer-in-Charge of Ratua P. S. stated in the report that the 1st party (1) Sk. Khoka and (2) Sk. Moktar were enjoying the case land unauthorizedly and illegally. The second party (1) Kaisul Haque and (2) Abu Bakkar along with others were trying to take over possession of said land demanding the property as enemy property. The J. L. R. O. , Ratua-II reported that the 1st party enjoyed the fruits of the garden illegally and they have got no legal right as the legal owners were staying in Bangladesh since long. Under the circumstances the O. C. Ratua P. S. submitted report for the drawing up of the proceeding under section 145 Cr. P. C. in respect of both the parties.

(3.) ON the basis of the report of the O. C. , Ratua P. S. dated 06. 06. 87 the learned Sub-Divisional Magistrate passed an order on 06. 06. 87 appointing the O. C. Ratua P. S. as the custodian of the case land along with the mango trees on it and further directed that the custodian will dispose of the produce of the disputed land and deposit the sale proceeds under the appropriate head of account.