PANCHU DAS BHOWMIK Vs. ASRAF ALI

JUDGEMENT

(1.) This is a petition for revision of an order of a learned Magistrate taking cognizance of a complaint.

(2.) The opposite party filed a complaint against the petitioners alleging that they had trespassed upon his land, reaped paddy and wrongfully carried it away. The case for the opposite party was that his wife had obtained a decree from Court respecting this land and had obtained khas possession under an order of the Court, Presumably, the defence was that the present petitioners were in possession throughout.

(3.) The opposite party filed a complaint and eventually the case was dismissed as the opposite party failed to appear. A revival petition was put in which was treated as a fresh complaint and in due course this also was dismissed for failure of the opposite party to appean. On the day following another revival petition was put in and another Magistrate took cognizance and examined the opposite party under Section 200, Criminal P.C.