SUSHMA RANI DAS Vs. ASHUTOSH DAS

JUDGEMENT

(1.) On 3-7-87 learned Sub-Divisional Magistrate, Karimganj on a complaint filed by the opposite party herein drew up a proceeding under Section 145 Cr. P.C. By order dated 7-12-87 the learned Magistrate also attached the building which is a shop house. The said order runs as follows: Both Parties present. Second party have not submitted W/S. I made a local inspection. The possession could not be ascertained. Ask the police to attach the building. Fix - 24-12-87 for W/S of the parties

(2.) Being aggrieved by the said order the petitioner herein, who was impleaded as Second party in that proceeding, approached the learned Sessions Judge for invoking revisional jurisdiction. The petition was dismissed and the order of attachment of the learned trial Court was maintained. While disposing of the revision petition, the learned Sessions Judge observed as follows: The existence of a Civil Suit, as contended by him, does not bar a proceeding U/S. 145. From the order of the learned Sessions Judge I find that the house in question is a shop house.

(3.) I have heard Mr. S. Kotoky and Mr. H.R.A. Chaudhury, learned counsel for the parties.