JOGABANDHU SHASA Vs. RAJ KUMAR ROY CHOWDHURY

JUDGEMENT

(1.) In this case a Rule was issued on the opposite party to show cause why an order under Section 145, Criminal Procedure Code, made in their favour should not be set aside on the ground that the petitioners had been put in possession of the property under a decree of a Civil Court.

(2.) As, however, the decree in question was not a decree against the opposite party, there is, in our opinion, no ground for interference. The Rule was in fact issued under the misapprehension that the decree of the Civil Court was binding on the opposite party.

(3.) The Rule is discharged.