ISMAIL SK Vs. BANI HUSSAIN

JUDGEMENT

(1.) THIS criminal petition under Section 482 of the Code of Criminal Procedure has been filed against the order dated 5. 9. 2006 passed by Shri A. C. Marak, learned Magistrate First Class, West Garo Hills, Tura in Misc. Case No. 36/2006. By the impugned order, the learned Magistrate has attached the disputed land purportedly in exercise of his power conferred under Section 146 (1) of the Code of Criminal Procedure (briefly 'cr. P. C. ' ). Being aggrieved with the order of attachment, the second party in the trial court has preferred this revision application.

(2.) I have heard Shri A. S. Siddique, learned counsel for the petitioners and Shri A. H. Hazarika, learned counsel for the respondents. I have also perused the impugned order.

(3.) BRIEF facts giving rise to the filing of the criminal proceeding as well as this revision application are that the petitioners are claiming the tile and possession over the disputed land by way of inheritance, whereas the respondents are claiming tile and interest on the basis of the purchase of the disputed land from the predecessor-in-interest of the disputed land. Once earlier also, this matter had come to this Court vide Civil Rule No. 30 (SH)/ 98. While disposing of the said petition on 5. 9. 1999, this Court hoped that the dispute will be amicably settled in between the parties. However, no extra judicial settlement could be reached and at the same time both the parties made all efforts to take possession of the disputed land.