HEIKRUJAM NABAKUMAR SINGH Vs. KANGABAM THOIBA SINGH

JUDGEMENT

(1.) Heard Mr. Th. Ibohal, learned counsel for the petitioner and Mr. Th. Modhu, learned counsel for the respondents.

(2.) The present revision petition has been preferred by the petitioner being aggrieved by the order dated 30.11.2013 passed in Cril. Revn. Case No. 2 of 2013 by the learned Sessions Judge, Thoubal, Manipur setting aside an ex -parte order dated 17.08.2013 passed under section 144(2) Cr.P.C. by the learned District Magistrate, Thoubal.

(3.) On 17.08.2013 at the instance of the present petitioner who filed Cril.Misc. Case No. 1 of 2013, the District Magistrate, Thoubal, Manipur, passed an ex -parte order under section 144(2) Cr.P.C. against the present respondents restraining them and their agents from entering into the disputed land which the petitioner was claiming to be the owner thereof, until further order relying on an enquiry report of the Officer -in -Charge, Thoubal Police Station. Being aggrieved by the aforesaid ex -parte order passed by the learned District Magistrate, Thoubal, the present respondents herein preferred a criminal revision petition before the learned Sessions Judge, Thoubal which was registered as Cril. Revn. Case No. 2 of 2013. The learned Sessions Judge after hearing the parties observed that the essential ingredient for invoking the jurisdiction under section 144 Cr.P.C. of the need of immediate preventive measure or desirability of speedy remedy had not been fulfilled in the present case.