GOBORDHAN DATTA Vs. SUBHAS CHANDRA AND OTHERS

JUDGEMENT

(1.) This revisional application is directed against the judgment and order passed by the learned Additional Sessions Judge, 2nd Court, Bankura, in Criminal Motion No. 86 of 1981.

(2.) The facts of the case is that the disputed tank belongs to the complainant Gobardhan Dutta and his co-sharers and he has been possessing the pond by rearing fishes in it and catching the same from it. The pond is covered by plots Nos. 521 and 530 of Mouza Jumbedia, P. S. Bankura. It is alleged that on 6th Agrahayan, 1384 B. S. the accused persons namely, Narayan Das and others forcibly caught fishes from that pond. The complaint lodged a complainant before the learned Chief Judicial Magistrate, Bankura and on his order and investigation was made under section 156(3) of the Code of Criminal Procedure by the police.

(3.) The accused persons on the basis of the investigation report submitted by the police, stood charged for an offence under section 379 of the Indian Penal Code.