BIMLA KANTA BAGCHI Vs. SANAT KUMAR GHOSH

JUDGEMENT

(1.) This application in revision is directed against an order passed in a proceeding under Section 144, Criminal P.C.

(2.) There is a piece of land between the residential house of the petitioner, Bimala Kanta Bagohi, and the tenanted land of the opposite party, Sanat Kumar Ghosh, regarding which a dispute arose between the petitioner and the opposite party. On 28 April 1937 the opposite party through his tenant filed a criminal case against the petitioner under Secs.147, 379 and 447, I.P.C., in respect of the disputed land, but it was dismissed by the Sub-Divisional Magistrate on 2 June, 1937. Immediately) afterwards the petitioner erected boundary pillars round the land. More than six months later, on 3 January 1938, the opposite party lodged a sanha at the police station against the petitioner complaining that his land had been illegally taken possession of by the petitioner by erection of boundary pillars. The police submitted a, report on receipt of which the Sub-divisional Magistrate by his order dated 19 January 1938 issued notices on both parties. He then disposed of the matter simply by giving warning to the petitioner not to create any trouble. In the meantime the petitioner put a fence on the disputed land which was already demarcated by boundary pillars. On 12 April 1938 the opposite party filed an application before the Sub-divisional Magistrate, Purnea, for action under Section 144, Criminal P.C., against the petitioner with a view to the removal of the fencing.

(3.) The learned Magistrate started a proceeding under Section 144, Criminal P.C., and issued the usual notices. On 16 May 1938 he passed an order against the petitioner directing him to remove the fence within seven days. Against this order the petitioner went up in revision to the District Magistrate of Purnea who by his order dated 27 May 1938 set aside the order of the Sub-divisional Magistrate and remanded the case to him for drawing up fresh proceeding under Section 144, Criminal P.C. It is against this order that this application is directed.