JUDGMENT :

Mridul Kumar Kalita, J.

1. Heard Mr. D. Kalita, learned counsel for the petitioner. Also heard Mr. D. Das, learned counsel for the respondent Nos.1 and 2 and Mr. D. Das, learned Additional Public Prosecutor appearing for the respondent No.3.

2. This application under Section 482 of the Code of Criminal Procedure, 1973 has been preferred by the petitioners, namely, (1) Md. Osman Ali Saikia, and (2) Harun Saikia impugning the order dated 04.09.2020 passed by learned Executive Magistrate, Rangia in Case No.53/2020 drawing up the proceeding under Section 145 of the Code of Criminal Procedure, 1973 as well as order dated 09.11.2020 of the Executive Magistrate, Rangia directing the attachment of land of the petitioners under Section 146 (1) of the Code of Criminal Procedure, 1973.

3. The facts relevant for consideration of the instant criminal petition, in brief, are as follows:

a. The petitioners and the respondents are related to each other. They inherited 17 bigha 12 lecha of land, from common ancestor. Though, in the year 1972 a partition deed was executed between the parties, however, no partition by metes and bounds was done between the parties. The petitioner No.1, as plaint