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1960 Supreme(Cal) 196

NIYOGI
Balendra Deb Roy – Appellant
Versus
Manabendra Deb Roy – Respondent


Advocates Appeared:
N.C. Banerji and Kazi Md. Ali, for Petitioners; Paresh Ch. Chatterji and Rabindra Narain Chakravarti, for Opposite Parties.

ORDER :

This Revision petition is against an order of a learned magistrate, first class, Chinsurah, passed in a proceeding under Sec. 145 of the Code of Criminal Procedure.

2. It appears that the first-party, opposite party, Sri Manabendu Deeb Roy filed a petition under Sec. 144 of the Code of Criminal Procedure, before the Sub-divisional magistrate Chinsurah on 11-4-59 praying that the petitioners second-parties might be directed to abstain from using criminal force and violence against the first party - in holding the Seba Puja of the deity Sri Sri Hangseswari Thakurani and other deities at Bansberia, P. S. Mogra, from 1st of Baisakh 1366 B. S. till the last day of Sravan, 1366 B. S. The learned Sub-divisional Magistrate then asked the officer-in-charge of the Mogra Police station to inquire and report. The Police duly submitted a report and on 29-4-59, on a consideration of the same, the learned magistrate was satisfied about the existence of an apprehension of breach of the peace over a dispute between the parties relating to their respective rights over the temple in question and drew up a proceeding under Sec. 145 of the Code of Criminal Procedure against the parties and direc















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