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2023 Supreme(Gau) 522

PARTHIVJYOTISAIKIA
Dalim Hussain Mazumder S/o Late Nur Uddin Mazumder – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: D. Chakrabarty.
For the Respondent: R. Choudhury.

JUDGMENT :

PARTHIVJYOTISAIKIA, J.

1. Heard Mr. D. Chakraborty, learned counsel appearing for the petitioner. Also heard Ms. R. Choudhury, the learned counsel representing the respondent nos. 2, 3, 4 and 5.

2. This is an application under Section 397 read with Section 401 of the Criminal Procedure Code whereby the judgment and order dated 08.03.2022 passed by the learned Addl. Sessions Judge (FTC), Cachar, Silchar in Criminal Revision No. 68/2021 is put to challenge.

3. The present petitioner approached the Executive Magistrate with an allegation that on 17.08.2021, the respondents have entered illegally in to his land which he had purchased on 25.03.2013. The learned Executive Magistrate asked for a report from police. The report of police claimed that there was every possibility of breach of peace and tranquillity and prescribed drawing up of a proceeding under Section 145 and 146 of the Cr.P.C. On the basis of the said police report, the learned Executive Magistrate had drawn a proceeding under Section 145 of the Cr.P.C. and attached the disputed land under Section 146(i) of the Cr.P.C. The respondents were asked to appear before him and to file written statement.

4. The respondents d

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