TARAPADA BISWAS Vs. PRAFULLA KUMAR DAS

JUDGEMENT

(1.) In this revisional application petitioner prays for quashing the proceeding of M.P. Case No. 1269 of 1974 pending in the Court of Sri N.R. Chakraborty, Executive Magistrate, Sealdah under Sec. 145 of the Code of Criminal Procedure.

(2.) The relevant facts giving rise to this revisional application may be stated as under:-

(3.) On 25.6.74 Prafulla Kumar Das, the opposite party herein, filed an application in the Court of the Executive Magistrate, Sealdah praying for action under Sec. 144 of the Code of Criminal Procedure against the petitioner and one Jatin Santra. In the said application the opposite party alleged inter alia that the petitioner and Jatin Santra were employees under him at his workshop at 57/7, Raja Dlnendra Street, Calcutta; that from the said premises they had stolen iron rods and other articles belonging to him for which he started a case under Sections 380 and 341 of the Indian Penal Code and the same is pending; that the petitioner and the said Sri Santra were still illegally interfering with his business and they have been restraining him from going into the said premises and also removing all the articles of the workshop by dismantling the shed; that the opposite party protested to their such high handed activities whereupon they threatened him with further mischief and assault and that as a result of such illegal and wrongful action on the part of the petitioner and Jatin Santra there was an imminent breach of the peace. On the aforesaid averments the opposite party prayed for an order of interim injunction restraining the petitioner and the said Sri Santra from removing the articles of the workshop, from committing further mischief and damages to the properties of the opposite party and from endangering his life, property and safety. The learned Magistrate on persual of the petition directed the Officer-in-charge, Narkeldanga Police Station to enquire and report into the matter by 26.7.74 and to see that no breach of the peace takes place in the meantime. He also directed the Officer-in-charge to see that the petitioner and Sri Santra do not remove the articles of the opposite party in the meantime. On 1.7.74 the opposite party filed another application before the self same Magistrate and prayed for an ex parte injunction in terms of the earlier petition filed, as according to him, the Police was not taking any action whatsoever in terms of the learned Magistrate's order dated 25.6.74- The learned Magistrate, however, found no ground for further action arid accordingly ordered that the petition be filed, Thereafter, on 5.7.74 the opposite party renewed his earlier prayer made on 1-7-74 and the learned Magistrate by his order dated 8.7.74 directed the Officer-in-charge, Narkeldanga Police Station to submit a report on the said application fixing 26.7.74 for that purpose. On 26.7.74, the date fixed, the police did not submit any report as would appear from the order of the learned Magistrate passed on the same day and the learned Magistrate allowed the Officer-in-charge further time to submit his report by 29.8.74.