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1996 Supreme(Cal) 402

N.K.BHATTACHARYYA
BADAL GOMES – Appellant
Versus
MARTIN ARINDA – Respondent


Advocates Appeared:
SUBROTO BOSE, SUNIRMAL NAG, TULSI DAS RAY

NRIPENDRA KUMAR BHATTACHARYYA, J.


( 1 ) THIS revision under Article 227 of the Constitution of India is directed against the order dated 14-1-92 passed by the learned Sub-divisional Magistrate, Ranaghat, Nadia, in M. P. Case No. 25 of 1992 in Misc. Case No. 6 (III) of 1992, arising upon an application under Section 144 of the Code of Criminal Procedure at the instance of one Maretina Arina, first party in that petition against the second party Badal Gomes alleging, inter alia, that the second party member by depositing brick and sand upon the passage located on the 20 decimals of land in plot no. 670 caused inconvenience to the first party. The police report was called for and thereafter a proceeding under Section 144 of the Code of Criminal Procedure was drawn up and certain orders were passed by the learned Magistrate. Even thereafter it was alleged that the second party members were trying to raise construction on that land which was a vacant one and the learned Magistrate by his order dated 14th January, 1992 drew up a proceeding under Section 145 of the Code of Criminal Procedure upon the police report showing that there was apprehension of breach of the peace and forbade both






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