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1985 Supreme(Cal) 208

AMITABHA DUTTA
ABDUL MANNAN – Appellant
Versus
BISWANATH PAUL – Respondent


Advocates Appeared:
BISHNUPADA PAL CHOUDHURY, BISWA RANJAN GHOSAL, C.R.CHAKRAVARTY, DIPAK MUKHERJEE, MOHIUDDIN MONDAL, SEKHAR PAL, TAPENDRA KUMAR PAL

AMITABHA DUTTA, J.


( 1 ) THIS is an application for revision of an order dated 27-1-1981 passed by the learned Executive Magistrate at barrackpore in a proceeding under S. 145, Cr. P. C. being case No. M182 of 1973 dropping the proceedings and vacating the attachment order. Abdul Sobhan, since deceased, brother of the petitioner filed an application under S. 144 of the Code before the Sub-Divisional Magistrate, Barrackpore on 21-3-1973 alleging that the second party men were threatening to possess forcibly portions of plots Nos. 3104 and 3115 of Mouza Sultanpur within South Dum Dum Municipality of which the petitioner's mother Khadi Bibi was a Mutwalli. It was alleged that the petitioner's mother had lodged information in the local police station and informed the higher authorities of such threats, as a result of which the S. D. O. Barrackpore and Officer in charge of Dum Dum P. S. visited the locality and asked the second party men not to raise structure on the disputed land. But after some days they again threatened to take forcible possession of such land and to assault and murder the petitioner. So the petitioner had lodged information in the general diary entry of the local po






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