DAROG ALI Vs. MUTT NETGJAN NESS

JUDGEMENT

(1.) Heard Mr. AB Choudhury, Learned Counsel for the petitioners. None appears on behalf of the respondents despite notice.

(2.) This Criminal Revision has been directed against the impugned judgment and order dated 6.9.2001 passed by the Learned Sessions Judge, Bongaigaon in Case No. C. M6(2)/ 2001 by which the attachment order dated 11.4.2001 under Section 146(1) Cr. P.C. passed by the Learned Executive Magistrate, North Salmara, Abhayapuri in Case No. 47/ 2001 by drawing up proceeding under Section 145 Cr PC was upheld.

(3.) Mr. Choudhury, Learned Counsel for the petitioner assailing the impugned judgment, has argued that the Learned Sessions Judge totally ignored the provisions of law laid down under Section 146 Cr. PC as regards attachment of the disputed land in drawing up proceeding under Section 145 Cr.P.C. Drawing attention to the initial order dated 11.4.2001 which was challenged before the Sessions Judge, Mr. Choudhury, Learned Counsel for the petitioners has contended that the order itself exfacie shows that there was no emergency ever existed for passing such attachment order under Section 146 Cr.PC. In passing the attachment order dated 11.4.2001, the Learned Magistrate observed as follows: