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1967 Supreme(Cal) 23

T.P.MUKHERJI
Jatindra Nath Sikdar – Appellant
Versus
State – Respondent


Advocates Appeared:
Arun Kishore Das Gupta, for Petitioners;
Joygopal Ghosh (for no. 2); Chittotosh Mookerjee (for nos. 9, 10 and 11). for Opposite Parties;
Sisir Kumar Basu, for the State.

ORDER

The second party to a proceeding under S. 145 of the Criminal P. C., obtained this rule against the order passed by the Magistrate in the proceeding and it is the propriety of the order that has been challenged before me. On November 26, 1966, the opposite parties to the present rule applied to the Subdivisional Magistrate, Ranaghat, for an order under S. 144 of the Criminal P. C. The learned Magistrate sent the petition to the police for enquiry and report, and on receipt of the report, he drew up proceedings under S. 144 on December l, 1966 against the present petitioners restraining them from entering on the land and directing them to show cause on 4th of January, 1967.

2. On December 2,1966, the first party filed a petition which was ordered to be put up on December 13, following for hearing. On the date, the learned Magistrate after hearing the parties converted the proceeding under S. 144 of the Code into one under S. 145. By the same order he attached the lands under sub-s. (4) of the section and appointed the local Anchal Pradhan as the Receiver. The parties were directed to file their written statements and affidavits by a particular date.

3. Mr. Das Gupta appearing in








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