Jasti Chelameswar, C.J.

1. Challenging the order dated 16.07.2007 passed by the Munsiff No. 1. Kamrup, Guwanati the present writ petition is filed. By the said order the learned Munsiff directed that warrant of arrest be issued against the petitioner, who is a police officer in charge of Hatigaon Outpost.

2. The facts leading to the issuance of warrant are as follows:

The impugned order was passed by the learned Munsiff in Title Execution Case No. 16/2004 on 16.07.2007. Though the material on record is not very clear, we are informed at the Bar that the petitioners in the above petition are the decree holders, who obtained a decree for delivery of possession of an immovable property. For execution of the said decree it appears that they moved the petition numbered T. Ex. Case No. 16/04. It appears from the order dated 29.06.2007 that the executing court passed an order directing delivery of the decree schedule property to the decree holders and also directed that appropriate assistance be given by the police for the execution of the decree. In obedience of the orders of the Court, the Civil Nazir proceeded to the decree schedule property along with Revenue Staff on 13.07.2007. It appears that the decree could not be executed on that date. Thereafter the decree holders filed Petition No. 4275/07, the substance of which, as recorded by the impugned order is as follows:

…In terms of the order passed by this Court on 29.6.07 the decree holder, the reserve police battalion. Revenue staff and Civil Nazir went to the suit land for execution of the decree after completion of all the formalities. But when the reserved police force reached the local police station i.e. Hatigaon Out Post the In-charge Shri Utpal Kumar Das without assigning any reason had sent back the police force to the police reserve. But due to the persistent effort of the Decree Holder and Civil Nazir the reserve police forces were taken akach to the suit land and the execution work was started after demarcation of the suit land by the Mandal Kanungo. Accordingly, the execution work is going on peacefully and smoothly. But when the execution work is on the verge of completion the I/C Hatigaon Out Post Shri Utpal Kumar Das emerged at the suit land and without assigning any reasons withdraw the police force and misbehaved with the decree holder, who are all female person. The I/C U.K. Das withdrawn the force and stopped the lawful execution of the decree for extraneous reasons. When he was told/asked not to cause any interference, the I/C abused the decree Holder No. 2 who is an advocate by profession and abused her with filthy language.

The learned Munsiff proceeded to examine the said petition and passed the impugned order dated 16.07.2007.

The Munsiff also recorded in the said order that the Civil Nazir of the Court submitted a report on 13.07.2007 in substance corroborating the statement of the decree holder, it appears from the impugned order that the Civil Nazir also gave on affidavit narrating the whole episode.

3. On the other hand, the petitioner herein filed a report before the Munsiff stating that there was huge gathering at the decree schedule property intending to resist the delivery of the decree schedule property and as the police force available with him was not sufficient to handle the situation and consequently he had to withdraw the police. We do not propose to examine the truth of the content of the report submitted by the petitioner.

4. It is in the background of the abovementioned facts, the learned Munsiff recorded a finding as follows:

…Therefore this Court has come to a definite finding that the I/C Hatigaon Out Post Sri U.K. Das caused illegal resistance in the execution of the decree and he is liable to be detained in Civil Prison for causing interference in the administration of Justice by a Court of Law.

Let arrest warrant be issued to I/C Hatigaon Out Post Sri U.K. Das. The O/C Dispur P.S. is directed to arrest him and produce before this Co