SOFIQUE UDDIN AHMED Vs. NUR ISLAM

JUDGEMENT

(1.) Heard Mr. R. Ali, learned counsel for the petitioners as well as Mr. M.A. Sheikh, learned counsel for the respondent Nos. 1 to 6. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam appearing for the State/respondent No. 7.

(2.) In this petition filed under Sections 397/401 read with Section 482 Cr.P.C., the petitioners have prayed for setting aside and quashing the impugned order, dated 26.09.2019, passed by the learned Addl. Sessions Judge, Goalpara, in Crl. Revision Case No. 29/19, setting aside the order, dated 09.08.2019, passed by the learned Addl. District Magistrate, Goalpara, in Misc. Case No. 76/2019.

(3.) The petitioners filed an application under Sections 107 / 144 / 145 Cr.P.C. before the learned District Magistrate, Goalpara claiming the petitioner No. 1 as the owner and pattadar of a plot of land. The petitioner No. 1 has been possessing the land by cultivation thereon for more than 30 years. The petitioner No. 1 sold out the said plot of land to the petitioner No. 2 by executing an agreement for sale and accordingly, delivered possession on condition to execute the registered sale deed as and when the NOC was received from the competent Revenue Authority. The petitioner No. 2 paid land revenue on 22.05.2019 and started ploughing on the said plot of land for Sali paddy cultivation. But, on 24.07.2019, the respondents resisted the petitioner No. 2 in cultivating on the said plot of land and thus, they were trying to disposes the petitioners therefrom. On receipt of an application, filed by the petitioners, the learned Executive Magistrate registered Misc. Case No. 76/19 and by order, dated 29.07.2019, forwarded the same to the officer-in-charge of Agia P.S. to submit a detailed enquiry report thereon. Accordingly, the officer-in-charge enquired into the matter and submitted his report on 07.08.2019, stating, inter-alia, that during investigation, it was found that there was every apprehension of breach of peace regarding the possession of land and as such, prayed to draw up proceedings under Sections 107/144/145 Cr.P.C.