NABAGHANA MOHANTY Vs. DWARIKANATH TRIPATHY

JUDGEMENT

(1.) None appears for the opposite party. Learned counsel for the petitioners is present.

(2.) Heard.

(3.) Order dated 23-6-1997 in Criminal Misc. Case No. 545 of 1997 of the Court of Executive Magistrate is under challenge in this revision. Initially, that proceeding was initiated under S. 144, Cri. P.C. at the instance of the 1st party members who are the petitioners in this revision. The opposite party members are the 2nd party members in that proceeding. After a long drawn discussion, on 23-6-1997, learned Executive Magistrate passed order converting the proceeding to one under S. 145, Cr. P.C. on the ground of existence of apprehension of breach of peace concerning possession of the case land. In the said order learned Magistrate directed the opposite party No. 1 to harvest the standing crop in presence of the Revenue Inspector and to furnish accounts. He passed that order on the basis of finding recorded that prima facie, he found the opposite party No. 1 to have grown the crop.