DURGA PRASAD GOENKA Vs. RAMESWAR GOENKA

JUDGEMENT

(1.) THIS is a reference under Section 438 of the Code of Criminal Procedure from the Court of the Sessions Judge, L.A.D. The reference arises out of a proceeding under Section 145, Cr. P. C. The facts leading to the reference may briefly be stated.

(2.) ON 22 -1 -53, Rameswar Goenka, the first party, petitioned (Ex. 7) to the Officer -in -Charge, Shillong Police Station, alleging that holding No. 122 an south -east Mowkher Ward of the Shillong Municipality, then in occupation of the Tip Top Hotel, belonged to him, and that the second party, Durga Prasad Goenka, who was the owner of the adjoining holding to its north -west, was taking forcible possession of a portion of land out of the said holding No. 122, by cutting earth thereform and by removing all boundary marks between the two holdings, in spite of the first party's protest.

(3.) THE learned Additional District Magistrate, on receiving this petition, passed his order, dated a9 -3 -53, in the following terms :