DALIM HUSSAIN MAZUMDER Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Chakraborty, learned counsel for the petitioner. Also heard Mrs. M. Shelim, learned counsel for the respondent Nos. 2 and 3.

(2.) The revision petitioner, namely, Dalim Hussain Mazumder, has filed this petition invoking the power under Sec. 434/442 BNSS, aggrieved by the judgment and order dtd. 18/7/2024 passed by the learned Sessions Judge, Cachar, Silchar in Criminal Revision No. 25/2021. By the aforesaid revisional order of the learned Sessions Judge the order dtd. 26/2/2021 passed by the learned Executive Magistrate, Cachar drawing up a proceeding under Sec. 145 CrPC, with regard concerned land (herein below referred to as disputed land) and the consequent order of attachment passed under Sec. 146 (1) Cr.P.C. was set aside.

(3.) The petitioner herein claims to be owner/possessor of the land by way of purchase vide Regd. Sale Deed vide No. 56 dtd. 8/1/2010. Further contended that on 15/2/2021 in the morning, the respondent Nos. 2 and 3 herein, namely, Jamir Uddin Laskar and one Sabir Ahmed Laskar and Abdul Samad Laskar armed with weapon lathi, dao etc. tried to enter into the disputed land and to dispossess the petitioner. Aggrieved by the said development, the petitioner filed an application before the Executive Magistrate, which was put before the learned Additional District Magistrate, Cachar, Silchar vide case No. 171M/2021. The learned Magistrate is stated to have called for a police report. After perusing the police report vide order dtd. 26/2/2021, he was pleased to draw up proceeding under Sec. 145 Cr.P.C. The learned Magistrate (ADM) was also pleased to attach the disputed land invoking the power under Sec. 146(1) Cr.P.C. restraining both sides from entering into the said land till further order. The order was drawn up ex-parte and the next date was fixed on 26/3/2021.