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1982 Supreme(Cal) 73

N.C.MUKHERJI, N.G.CHAUDHURI
HABIBUR RAHAMAN – Appellant
Versus
JAGANATH MONDAL – Respondent


JUDGEMENT

N. G. Chaudhuri, J. :- This Revisional petition under Section 397 read with Section 482 Cr. P.C. is directed against orders dated 4-11-78 and 4-4-79 passed by the Sub-Divisional Judicial Magistrate, Katwa in case No. C/458 of 1978 and is for quashing the proceedings in the said case. The aforesaid case arose out of a complaint under Sec. 188 I.P.C. filed by the Executive Magistrate, Katwa. The undisputed facts are that on 6-7-77 the Executive Magistrate, Katwa, in Misc. Case No. 58 of 1977 passed an order under Section 144 Cr. P.C. restraining the present petitioner and some others from entering upon the land in dispute. The said order was duly promulgated on 15-7-77. On 19-7-77 the Mondal opposite parties filed a petition alleging that in spite of service of notice of the proceedings and the order under Section 144 Cr. P.C. the present petitioner and some others violated the aforesaid order on 17-7-77, entered upon the disputed land and interfered with the possession of the said opposite parties. In the aforesaid circumstances the Mondal opposite parties prayed for prosecution of the present petitioner and others under Section 188 I.P.C. The Executive Magistrate called fo






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