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2007 Supreme(Cal) 157

SADHAN KUMAR GUPTA
KALPANA SEN – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
AJAY DEBNATH, Binoy Kumar Panda

SADHAN KUMAR GUPTA, J.

( 1 ) THIS revisional application has been preferred under section 482 of the Cr. PC against the judgment dated 20. 2. 2006 passed by the ld. Additional Sessions Judge, Durgapur in Criminal Motion No. 53 of 2005.

( 2 ) CASE of the petitioner is that she is the lawful owner in respect of the plot no. 82813 under Khatian No. 316 of Mouza Mazedihi. In order to protect her dwelling house, she wanted to construct a boundary wall on 31. 5. 2005. At that time the respondents forcibly stopped the said work. Finding no other way out the petitioner filed an application under section 144 of the Cr. PC before the ld. Magistrate at Durgapur who was pleased to call for report from the B. L. and l. R. O. and the O/c Durgapur P. S. After receiving the report, ld. Magistrate was satisfied and was pleased to start a proceeding under section 144 Cr. PC and directed the opposite parties not to disturb the peaceful possession of the petitioner in the land in question and also directed the O/c to enforce the order. Against the said order, respondent moved the Court of the ld. Additional Sessions judge, Durgapur, who, by his impugned judgment, was pleased to set aside the order o




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