JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The present revision has been preferred against an order dated 08.08.2019 passed by the Special Executive Magistrate, Central Division, Kolkata in M/SEM Case No. 12 of 2017, dated 04.04.2017, under Section 107 of the Code of Criminal Procedure, 1973 thereby directing the Opposite Party/Petitioners herein to execute a bond for keeping peace and tranquility in the area for a period of one year starting from 08.08.2019.

2. The petitioners case is that since 1982, the Petitioner No. 1 herein is a tenant in respect of one shop room on the ground floor at Premises No. 8, Balaram Dey Street, Kolkata 700 006 wherein he has been running a business under the name and style of “Sreekrishna Embroidery” tailoring shop and had been paying rent for his tenanted shop room to the Respondent No. 2 as per English Calendar Month and at present he is paying rent with the office of the Learned Small Causes Court, Kolkata.

3. The respondent No. 2 being the landlord of the petitioner No. 1 lodged a written complaint dated 10.02.2017 against the petitioner on the allegation that the petitioners were in the habit of teasing and abusing him over the issue of permission for subletting the tenancy and change of name of the tenancy.

4. That allegedly the same petition of complaint was time and again submitted to the same police station over the same issue with the same contents. From the bare perusal of the alleged complaint dated 10.02.2017 it reflects that the same was submitted to the Office-in-Charge of Posta Police Station on 15.02.2017, 17.02.2017 and 24.02.2017.

5. That due to several complaints made by the Opposite Party No. 2, Posta Police Station recorded several G.D.E. Nos. as follows:

(1) 118 dated 15.02.2017

(2) 128 dated 17.02.2017

(3) 391 dated 16.02.2017

(4) 419 dated 21.02.2017

(5) 71 dated 01.03.2017

(6) 59 dated 01.04.2017

6. That consequent to recording of the aforesaid G.D.Es, on 03.04.2017 a Sub Inspector of Posta Police Station, namely Md. Fajlu Haque made an application before the Learned Special Executive Magistrate, Central Division, Kolkata for drawing up proceeding under Section 107 of the Code of Criminal Procedure, 1973 against the petitioners.

7. That only one person was found to have been empowered to investigate all the G.D.Es. and complaint of the Respondent No. 2 i.e. Sub Inspector of Posta Police Station namely Md. Fajlu Haque and the same person was also in charge of initiating proceedings under Section 107 of the Code of Criminal Procedure, 1973 against the petitioners.

8. On 04.04.2017, the Learned Special Executive Magistrate, Central Division, Kolkata, on the basis of the report dated 03.04.2017, took cognizance of the matter and by starting the impugned proceeding vide M/SEM Case No. 12 of 2017, dated 04.04.2017, under Section 107 of the Code of Criminal Procedure, 1973 served a show cause notice upon the petitioners.

9. Subsequent to service of the aforesaid notice upon the petitioners, the petitioners appeared before the Learned Special Executive Magistrate, Central Division, Kolkata and participated in the proceeding.

10. That since the Learned Special Executive Magistrate, Central Division, Kolkata on 13.09.2017 passed an impugned order, the said proceeding was challenged by the petitioners before the Learned City Sessions Judge, Kolkata in Criminal Revision no. 49 of 2018. On 23.08.2018, the learned Sessions Judge, Kolkata on hearing, affirmed the order of the learned Executive Magistrate.

11. That challenging the judgment and order dated 23.08.2018 passed by the Learned Additional District and Sessions Judge, Fast Track Court No. II, Bichar Bhawan, Calcutta in Criminal Revision No. 49 of 2018, the petitioners preferred a revisional application before the Hon’ble High Court at Calcutta.

12. That the said revisional application was recorded as C.R.R. No. 3155 of 2018 and the same was allowed by the Hon’ble High Court on contest on 11.04.2019 by setting aside the order dated 13.09.2017 passed b