GUNADHAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) In both these cases common questions of law and fact are involved and as such the cases are taken up together for analogous disposal with a common judgment.

(2.) Heard Mr. Rajib Dev, learned counsel appearing for the petitioners and Mr. P.C. Dey, learned counsel appearing for the respondents No. 1 and 2 in Criminal Petition No. 531/2015 and in Crl. Rev. P. No. 261/2015 respectively. Also heard Mr. N.K. Kalita, learned state counsel.

(3.) On an application filed by the respondent Gongeswary Basumatary before the learned Executive Magistrate, Dhipu, Karbi Anglong a proceeding u/s 107 of the Cr.P.C. was drawn up by the learned Executive Magistrate vide his order dated 18.11.2013 passed in M.R. Case No. 44/2013 and both the parties were directed to execute bonds as per provisions of Section 107 of the Cr.P.C. for maintaining peace and tranquility and in due compliance to the order the parties filed the requisite bonds before the court. During the pendency of the proceedings u/s 107 Cr.P.C. the petitioner Gongeswary Basumatary again filed a petition before the learned Executive Magistrate, where the case was pending, alleging that there was likelihood of breach of peace concerning the possession of the disputed land and acting on that petition vide order dated 26.05.2015, the learned Executive Magistrate without recourse to the provisions of Section 145 of the Cr.P.C. proceeded to attach the disputed land u/s 146 of the Cr.P.C. Aggrieved by the order so passed by the learned Executive Magistrate, the petitioner Gunadar Das preferred the revision before this Court u/s 397/401 of the Code of Criminal Procedure and the other petitioners, namely, Kantilal Das and Hiralal Das also filed petition u/s 482 of the Criminal Procedure Code for quashment of the entire proceedings.