KAUSHAL MISHRA Vs. RAJ KUMAR MISHRA

JUDGEMENT

(1.) THIS is an application made under Section 482 Cr. P. C. against the order, dated 08. 08. 2007, passed by the learned Additional Sessions Judge (FTC) No. 1, Sankardev Nagar, Hojai, in Criminal Revision No. 11 (N)/2007, dismissing the revision and upholding the order, dated 22. 12. 2006, passed in MR Case No. 105/2000, by the learned Executive Magistrate, Sankardev Nagar, Hojai, declaring possession of the disputed land in favour of the first party-opposite party herein.

(2.) HEARD Mr. R. L. Yadav, learned counsel for the petitioner, and Mr. N. K. Baruah, learned counsel for the opposite party.

(3.) ON the basis of a petition filed by the opposite party herein and the police report, an order was passed, on 15. 07. 2000, by the learned Executive Magistrate, Sankardev Nagar, Hojai, drawing proceeding under Section 144 Cr. P. C. and prohibiting entry of not only the first party, but also of the present petitioner (who had been impleaded as second party) into the disputed land until further order excluding, however, the dwelling house, etc. , standing thereon. The police report described the dispute, in question, thus : Both the parties are members of the same family. When the first party made necessary arrangement for construction of a latrine, on the disputed land claiming to be in exclusive possession thereof, the second party raised objections thereto by claiming that the disputed land belongs to the second party and demolished the temporary latrine, which the first party had constructed on the disputed land. The dispute, so arisen between the two parties, has given rise to apprehension of loss of lives. MR Case No. 105/2000, aforementioned, accordingly came to be registered.