MATILAL BHATTACHARJEE Vs. DINABANDHU DAS

JUDGEMENT

(1.) By this application under Section 397/401 of Cr. P.C. the petitioner has questioned the legality of the order dated 6.2.199S passed by the learned Sub-Divisional Magistrate, Udaipur, South Tripura and also prayed for quashing the same order and further for a direction to the Magistrate to proceed with the proceeding under Section 145 of Criminal P.C.

(2.) Heard learned counsel Mr. B. Das, Senior Advocate for the petitioner and Sri D.Sarkar, learned counsel for the respondent Nos. 1 to 7 and Sri U.B. Sana, learned counsel for the respondent No. 8.

(3.) On the basis of a petition filed by the petitioner on 15.12.93 for initiating a proceeding under Sections 145/146 Cr. P.C. aileging, interalia, that the respondents and their men forcibly entered into the office building of the Tripura Employees Coordination Committee standing on Govt. khash land, learned Magistrate passed an order on 15.12.93 for issuing notice to the respondents and also directed the Tahasildar of R.K. Pur Tahsil Kachari to visit the spot and submit a detailed report and also directed the Officer-in-Charge of R.K. Pur P.S. to submit a detailed report in the light of the F.I.R. lodged in that regard by 22.12.93 and subsequently on 15.3.94 after hearing the learned Advocates of the parties and perusal of the report of the police the learned Magistrate held that there was no breach of peace and as such the petition was dropped.