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2007 Supreme(Gau) 694

I.A.ANSARI
Kaushal Mishra – Appellant
Versus
Raj Kumar Mishra – Respondent


JUDGMENT

I.A. Ansari, J.

1. This is an application made under Section 482 Cr.P.C. against the order, dated 08.08.2007, passed by the learned Additional Sessions Judge (FTC) No. 1, Sankardev Nagar, Hojai, in Criminal Revision No. 11(N)/2007, dismissing the revision and upholding the order, dated 22.12.2006, passed in MR Case No. 105/2000, by the learned Executive Magistrate, Sankardev Nagar, Hojai, declaring possession of the disputed land in favour of the first party-opposite party herein.

2. Heard Mr. R.L. Yadav, learned Counsel for the petitioner, and Mr. N.K. Baruah, learned Counsel for the opposite party.

3. On the basis of a petition filed by the opposite party herein and the police report, an order was passed, on 15.07.2000, by the learned Executive Magistrate, Sankardev Nagar, Hojai, drawing proceeding under Section 144 Cr.P.C. and prohibiting entry of not only the first party, but also of the present petitioner (who had been impleaded as second party) into the disputed land until further order excluding, however, the dwelling house, etc., standing thereon. The police report described the dispute, in question, thus: Both the parties are members of the same family. When the first












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