SWAPAN KUMAR CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject matter of challenge in this criminal revisional application is an order passed in connection with a proceeding under Section 144 of the Code of Criminal Procedure. The order impugned is quoted below : "3.7.09 - Perused the petition and considered. I/C Airport P.S. to see that status quo is maintained in respect of construction undertaken by the O.P. Chairman North D/Dum Municipality to furnish an enquiry report. Issue notice for hearing with relevant documents. I/C to submit a report and maintain peace."

(2.) Mr. Soumo Priyo Chowdhury, learned Advocate appearing on behalf of the petitioner submitted before this Court that the order impugned is not in accordance with law as no proceeding was drawn up nor any satisfaction about apprehension of breach of peace and necessity of passing of a restraint order to prevent breach of peace was recorded. He further submitted earlier over the self-same dispute arising out of the self-same plot, the opposite parties have filed two other proceedings under Section 144 of the Code of Criminal Procedure being M.P. Case No. 1720 of 2009 and 1348 of 2009 and both the cases were dismissed after taking into consideration the police report and holding that the plot in question is situated within a boundary and the petitioner herein is the lawful owner thereof and there is no apprehension of breach of peace. He further submitted over the self-same dispute a Civil Suit has been instituted by the opposite party No. 2, but her prayer for injunction has been rejected, thus Mr. Chowdhury prays for quashment of the impugned proceeding.

(3.) Mr. Tapan Dutta Gupta, the learned Advocate, appearing on behalf of the opposite party No. 2 submitted that the order impugned does not deserve to be interfered with as the learned Magistrate called for a police report and it would be appropriate to allow the learned Court below to decide the matter after receipt of the police report.