DALIM HUSSAIN MAZUMDER Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Chakraborty, learned counsel appearing for the petitioner. Also heard Ms. R. Choudhury, the learned counsel representing the respondent nos.2, 3, 4 and 5.

(2.) This is an application under Sec. 397 read with Sec. 401 of the Criminal Procedure Code whereby the judgment and order dtd. 8/3/2022 passed by the learned Addl. Sessions Judge (FTC), Cachar, Silchar in Criminal Revision No.68/2021 is put to challenge.

(3.) The present petitioner approached the Executive Magistrate with an allegation that on 17/8/2021, the respondents have entered illegally in to his land which he had purchased on 25/3/2013. The learned Executive Magistrate asked for a report from police. The report of police claimed that there was every possibility of breach of peace and tranquillity and prescribed drawing up of a proceeding under Sec. 145 and 146 of the CrPC. On the basis of the said police report, the learned Executive Magistrate had drawn a proceeding under Sec. 145 of the CrPC and attached the disputed land under Sec. 146(i) of the CrPC. The respondents were asked to appear before him and to file written statement.