SWAPAN CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS revision is directed against the judgment and order dated 15.2.2012, passed by the learn Additional Sessions Judge (FTC) No.1, Tinsukia in Criminal (Revision) Case No.03(1)/12, whereby the order passed by the learned Executive Magistrate, in Case No.257/2011 drawing up proceeding under Sections 107/145 CrPC, was affirmed.

(2.) THE facts unfolded from the pleadings of the parties may be briefly stated as follows THE petitioner was served with a notice by the Tinsukia Police on 27.12.2011, whereby he came to learn that the learned Executive Magistrate, Tinsukia by order dated 27.12.2011 passed in Case No.257/2011, drew up a proceeding under Section 107/145 CrPC against the petitioner, opposite party No.2. In the said impugned order DATED 27.12.2011 PASSED IN Case No. 257/2011, the learned Executive Magistrate directed the parties to maintain statusquo and not to involve in any activity that may vitiate the peaceful environment until further orders from the competent authority and also directed to move the Tinsukia Development Authority, for addressing their grievance. THE petitioner further states that the aforesaid order was passed without notice to the petitioner/opposite party No.2.

(3.) THE main contention of the learned counsel for the petitioner is that the dispute between the parties is a civil dispute between two individuals; therefore, there was no scope at all to entertain and initiate a proceeding under Section 145 CrPC, and to pass order and directions to the parties to maintain statusquo as on date.