MD MISBA AL ACHIL HAZARIKA Vs. STATE

JUDGEMENT

(1.) Being aggrieved by the order dated 28.5.2009 passed by the learned Additional District & Sessions Judge, Lakhimpur, North Lakhimpur, in Criminal Motion No.20(3)/08 allowing to incorporate the order dated 15.9.2008 by way of amendment of the original revision petition filed by the second party-respondent, the petitioner has filed this revision petition.

(2.) I have heard Mr. TJ Mahanta, learned counsel for the petitioner and Mr. B. Ullah, learned counsel for the respondent.

(3.) An application praying for taking necessary action under section 144 Crimial P.C. was filed by the petitioner in the Court of the learned Additional District Magistrate, Lakhimpur, North Lakhimpur, which was registered as Misc Case No.25/06, the learned Magistrate vide order dated 19.7.2006 on being satisfied, passed an order issuing notice to both the parties with an interim order restraining both the parties. Later on proceeding was converted to that of under section 145 Crimial P.C. and the learned Magistrate directed the parties to file written statement and as an interim measure also attached the disputed land in exercise of power under section 146 (1) Crimial P.C. vide order dated 19.7.2006. Thereafter, the learned Magistrate proposed to conduct a legal enquiry of the disputed property on 27.8.2008 and accordingly local enquiry was conducted. Thereafter, the learned Magistrate vide order dated 10.9.2009, the building which is standing on the disputed land was locked and the key was taken by him.