JITUMONI BARMAN Vs. CHANDRA KANTA BARMAN

JUDGEMENT

(1.) Heard Mr. Z. Hussain, learned counsel for the petitioner. Also heard Mr. B.K. Bhagawati, learned counsel for the opposite party. On the application of the petitioner as the 1st Party under Section 145 Cr.P.C., Misc. Case No. 84m/12 was registered and the learned Magistrate drew up a proceeding under section 145 Cr.P.C. and attached the disputed land in exercise of power under section 146(1) Cr.P.C. by an order dated 26.6.2012, fixing 26.7.2012 for written statement of the 2nd party.

(2.) The 2nd party filed written statement in which he had pointed out that prior to filing of the application under Section 145 Cr.P.C., in between the same party and in respect of the same subject matter of dispute, the 2nd party had instituted a Title Suit being Title Suit No. 2 of 2012 in the Court of Civil Judge, Nalbari.

(3.) It was further contended that the 2nd party had possessed the disputed land and was also having a dwelling house in a part of the disputed land and the remaining portion was under his cultivation. Accordingly, prayer was made to drop the case and to withdraw the attachment order.