SASHINDRA LASKAR Vs. AKADDAS ALI

JUDGEMENT

(1.) This application purported to be in revision is directed against an order passed by the Sadar Sub-Divisional Magistrate, First Class, Silcbar, on an application made to him for lodging a complaint under Section 188, Indian Penal Code to a proper Court.

(2.) The facts were something like these. There wag apparently a proceeding under Section 145, Criminal P. C., in which certain land was attached. During the pendency of attachment, there was a complaint that the opposite party trespassed into the land which has given rise to the petition before the learned Sub-Divisional Magistrate for taking action for disobedience of the order of attachment. This petition was sent to the police for report which was in favour of the petitioner's allegations. The learned Sub-divisional Magistrate finally passed the following brief order:

(3.) This was an application under Section 195 (1) (a) of the Code of Criminal Procedure to the Sub-Divisional Magistrate, before whom the Criminal Proceeding under Section 145 was pending. Section 195 (1) (a) reads as follows ;