MD. RAISUDDIN Vs. SAHIDUL ISLAM

JUDGEMENT

(1.) HEARD Mr. K.K. Mahanta learned counsel for the petitioner and Mr. A. Sharif, learned counsel for the respondents /opp. party.

(2.) ON an application filed by the petitioner First Party alleging apprehension of breach of peace in respect of the land measuring IB -IK covered by Patta No. 246 Dag No. 90 situated at village Hatimuria, under Mouza Moirabari in the district Morigaon, herein after referred to as the D.L. a police report was called for and thereafter, on being satisfied, the learned Magistrate drawn up proceeding under Section 145 Cr.P.C. vide order dated 8.4.1997 in Mr. No. 65/97. On conclusion of the enquiry, the learned Executive Magistrate declared possession over the D.L., in favour of the petitioner first party whereupon the respondents second party Sahidul Islam preferred a Criminal Revision before the learned Sess. Judg and the matter was remitted back to the trial court for fresh disposal after affording an opportunity to both sides for further evidence. Thereafter, the said application under Section 145 Cr.P.C. was disposed of and the respondents -Second party filed a Revision being Criminal revision No. 56/2000 and the learned Sessions Judge, Morigaon vide order dated 11.9.2001 allowed the revision and set aside the order. Hence the present revision.

(3.) THERE is no dispute at the Bar that the proceeding under Section 145 Cr.P.C. does not lie in the matter of private disputes. There is a decision of this Court in the case of Moqbul Hague v. Sahidul Islam reported in 1996 2 GLR 167.