ZOO NARENGI TINIALI Vs. MANORANJAN BANERJEE

JUDGEMENT

(1.) Heard Mr N. Karmakar, learned counsel for the petitioner and Mr. P.C. Deka, learned counsel for the respondents.

(2.) This is an application under Section 482 Cr.P.C. filed by the petitioner/2nd party for quashing of the proceeding in case No. 600m/99 under Section 145 Cr.P.C.

(3.) The respondent/1st party filed an application before the Addl. District Magistrate, Kamrup, Guwahati alleging inter-alia that the members of second party are threatening to disposses the 1st party from the plot of land measuring 2 bighas kathas 2 lechas fully described in the schedule and hereinafter referred as the 'DL'. The learned Executive Magistrate by his order dated 23.12.99 drew up a proceeding under Section 144 Cr.P.C. and restrained the 2nd party from entering into the DL. Thereafter, the 1st party filed an application for conversion of the said proceeding into a proceeding under Section 145 Cr.P.C. On being satisfied that the dispute relates to immovable property, learned Magistrate converted the proceeding under Section 144 Cr.P.C, to one under Section 145 Cr.P.C. by the impugned order dated 22.2.2000. Hence the present application.