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2007 Supreme(Gau) 639

I.A.ANSARI
Jesmin Rahman – Appellant
Versus
Afruza Begum – Respondent


JUDGMENT

I.A. Ansari, J.

1. This petition, made under Section 482, Cr. P.C. (in short, 'the Code'), has raised a very important question of law and the question is this : Is an order passed by an Executive Magistrate drawing proceeding, under Sub-section (1) of Section 145 of the Code, revisable? This question, in turn, brings us to yet another question and the question is : Whether an order, passed, under Sub-section (1) of Section 145, an interlocutory order?

2. Before making endeavour to find answers to the questions posed above, appropriate it is that the facts leading to this petition are taken note of. The petitioner herein submitted, as first party, a petition to the Sub-Divisional Magistrate, Kamrup Metropolitan District, alleging, inter alia, thus : The petitioner is the lawful owner and possessor of the land described in the schedule to the said petition, which is hereinafter referred to as the 'disputed land.' The second party, who has no right, title or interest over the disputed land, broke the boundary wall standing on the land and tried to encroach upon and occupy the disputed land. The dispute between the parties has given rise to serious apprehension of breach of the























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