RANI SHASHI MUKHI CHAUDHURANI Vs. SARAT CHANDRA CHAKRAVARTY

JUDGEMENT

(1.) This Rule relates to an order passed under Section 145,Criminal P.C., by a Deputy Magistrate of Faridpur. The proceedings were in respect of a chur about 2500 bighas in area in the river Padma, near the Goalundo Ghat railway station. There were three parties to the proceedings. The area has been divided into three portions, marked as Blocks A, B and 0 in the same map. Block A has been declared to be in possession of the first party, Block G of the second party and Block B of the third party. The second party have moved this Court and obtained this Rule.

(2.) In order to deal with the contentions urged in support of this Rule it is necessary to state a few facts. The dispute relating to this chur has a long history at its back. For our present purposes id is not necessary to go beyond the 29 January 1925, when the Sub-Inspector of Goalundo Ghat thana visited the chur on information received about an apprehended breach of the peace. On that occasion the said Sub-Inspector prepared a sketch (Ex. 6) dividing the chur into three portions marked thereon as Blocks A, B and C as representing the lands of which he found the three parties, namely, the first, third and second parties respectively, in possession. This sketch (Ex. 6) he submitted along with a report, dated the 8 February 1925. To prevent a breach of the peace ha posted constables and also an armed guard on the chur.

(3.) On the basis of the aforesaid police report proceedings under Section 145, Criminal P.C., were started on or about the 12 February 1925, but eventually, on the 27 March 1925, the said proceedings were dropped and an order under Section 144, Criminal P.C., was passed, confining the possession of the three parties to the three blocks aforesaid. On the 9 April 1925 the said blocks were demarcated by the posting of pegs. The armed guard was withdrawn and only a few constables were left on the chur. With this relaxation of watch on the part of the police, certain disturbances took place on the 13 April 1925. These lad to the institution of two criminal cases against the men of the second party. One of these cases ended in the acquittal of the men concerned therein, before the order complained of in the present Rule was passed. It is said that the other case also had th8 same fate, though at the date of the said order it was yet pending. The Sub-Inspector of Goalundo Ghat thana then submitted a further report in continuation of the report of the 8 February 1925, on the 26th April 1925 and thereupon on the 28 April 1925 the present proceedings under Section 145, Criminal P.C., were started. These proceedings terminated in the order, dated the 16 April 1926, against which this Rule is directed.