DHIRENDRA KUMAR GHOSH Vs. SATYENDRA KUMAR PAUL

JUDGEMENT

(1.) Sri Dhirendra Kumar Ghosh, the revision petitioner herein as the first party filed an application before the SDM, Karimganj to draw up a proceeding under Section 145, Cr.PC. The learned SDM, Karimganj accordingly called for a police report in respect of the allegation brought against the respondents herein arrayed as second party members. Having received a report from the police and being satisfied thereby the learned SDM drew up a proceeding under Section 145, CrPC which was however ultimately converted to a proceeding under Section 147 of the CrPC as per order of the Revisional Court (Sessions Court). The case was remanded back and the proceeding was converted into a proceeding under Section 147 from 145, CrPC vide order dated 14.7.1997 passed CR No. 63(3) of 1997. The learned trial Court proceeded to hear the proceeding and recorded the evidence. At the conclusion of the trial, the learned Magistrate passed an order an order directing removal of the obstruction that may exist in the disputed way.

(2.) Being aggrieved by the order passed by the learned SDM, Karimganj a revision was filed before the learned Sessions Judge being revision No. 32(2)/2000. The learned Sessions Judge after hearing the parties at length set aside the order passed by the learned SDM, Karimganj.

(3.) The revision petitioner feeling aggrieved with the judgment and order filed this present revision challenging its legality and correctness.