JUDGMENT :

Heard Mr. B. Phukan, learned counsel for the petitioner. Also heard Mr. N. K. Murry, learned counsel for the respondent No.2 and Mr. P. Borthakur, learned Additional P.P. for the State respondent No.1.

2. This criminal revision petition is directed against the order dated 25.08.2020, passed by the learned Executive Magistrate, Rangia, Kamrup (Rural) Assam, in connection with Case No. 47/2020, under Sections 145/146(1) of the Cr.P.C. 1973. It is to be mentioned here that vide impugned order the learned Executive Magistrate had drawn up a proceeding under section 145(1) Cr.P.C. and also attached the disputed land as per provision of section 146(1) Cr.P.C.

3. The factual background leading to filing of the present petition is briefly stated as under:-

“On 29.07.2020, Shri Nayan Moni Kalita -the respondent No.2 lodged one F.I.R with the Officer-Incharge Kamalpur P.S. to the effect that he is the owner as well as the possession holder of a plot of land, measuring 4 Kathas and 15 Lechas, situated at Athgaon, bearing Kheraj Myadi Patta No. 108, Dag No. 1779 of Puwanar Mauza. On 29.07.2020, at about 9.00 AM, one Satish Deka (petitioner herein) of Kusumpur village, under Kamapur P.S.