SAMJID ALI Vs. MATASIN ALI AND ORS.

JUDGEMENT

(1.) THIS is a revision against the order of the Magistrate, Nowgong dated the 7th November 1960. The fact, leading up to this order are that the present petitioner filed an application under Section 145, Criminal Procedure Code on the 20th October 1960 alleging that the petitioner was entitled to possession but his possession has been disturbed by the second party Abdul Matlib and that there was likelihood Of the breach of the peace. The Magistrate alter examining the internals placed before him was satisfied that there was a likelihood of the breach of peace over the disputed land. He accordingly passed a preliminary order and further directed the attachment of the land and the standing crops. Notices were issued to the parties to show their title to the land or the right to remain in possession. The notices called upon the parties to file their respective evidence on the 28th November 1960.

(2.) IT is contended by Mr. Lahiri for the petitioner that the earlier order passed by the Magistrate rejecting the complaint of the present petitioner on the basis of which the present order has been passed by the Magistrate, has been set aside by this Court in revision. The order of this Court has been referred to me. The order was passed by this Court in Samjid Ali v. Abdul Rashid Cri. Revn. No. 170 of 1960, D/ - 10.2.1961 (All). This Court held that the order of the Magistrate discharging the accused is hopelessly wrong and without jurisdiction. The order has been set aside and the matter has been sent back to the Magistrate for trial of the complainant according to law.