In the Supreme Court of Bangladesh High Court Division

(Criminal Revisional Jurisdiction) Present:

Mr. Justice Ashish Ranjan Das And

Mr. Justice Md. Riaz Uddin Khan

Criminal Revision No. 3074 of 2022

In the matter of:

An application under Section 439 read with section 435 of the Code of Criminal Procedure

In the matter of:

Anowar Hossain and others

---1st Party-Appellant-Petitioners -VERSUS-

The State and others

--- 2nd Party-Respondent-Opposite Parties Mr. S.M. Jahangir Alam, Advocate

--For the Petitioners Mr. Tirtha Salil Pal, Advocate

---For the Opposite Party Nos. 2-4 Mr. S.M. Asraful Hoque, D.A.G with

Mr. Sheikh Serajul Islam Seraj, D.A.G

Ms. Fatema Rashid, A.A.G

Mr. Md. Shafiquzzaman, A.A.G. and

Mr. Md. Akber Hossain, A.A.G

-----For the State

Heard and Judgment on 21.11.2023

Md. Riaz Uddin Khan, J:

Rule was issued on an application filed under Section 439 read with section 435 of the Code of Criminal Procedure calling upon the opposite parties to show cause as to why the judgment and order dated 28.04.2022 passed by the Sessions Judge, Dhaka in Criminal Appeal No. 196 of 2022 summarily dismissing the appeal and thereby upholding the order dated 11.04.2022 passed by the Executive Magistrate, Dhaka in Petition Case No.

02 of 2019 under section 145 of the Code of Criminal Procedure discharging the opposite party Nos. 2-4 should not be set aside and/or such other or further order or orders be passed as to this Court may deem fit and appropriate.

The brief facts for disposal of this case is that one Md. Shahidul Islam as attorney of the 1st party-petitioners on 07.01.2019 filed an

application under Section 145 of the Code of Criminal Procedure being Petition Case No. 02 of 2019 in the Court of Executive Magistrate, Dhaka against the opposite parties alleging inter alia that the petitioners inherited the schedule land from their father and were in peaceful possession by planting various kind of trees and paying due Government Revenue through Mutation Khatian No.736, and 759/6. On 03.01.2019 opposite party Nos.1-3 along with 10-15 others came to the scheduled land with bricks, sand cement etc and tried to build a wall but were drove away by the petitioners. The opposite party Nos.1-2 along with 20-25 others on 05.01.2019 again came to the scheduled land and were drove away from scheduled land with the help of the neighbours. In the above circumstances, the petitioners on the apprehension of breach of

peach filed the case under section 145 of the Code of Criminal Procedure.

On receipt of the above application, the Executive Magistrate, Dhaka by his order dated 07.01.2019 directed the Officer-in-Charge of Dohar Police Station, Dhaka to submit inquiry report in respect of the possession of the land in question and also directed to maintain the law and order between the parties regarding the land in question.

The Assistant Commissioner (land) submitted a report on 14.07.2019 referring a report of the Kanungo (in charge) of Upazila land Office, Dohar who enquired into the matter and submitted report on 14.07.2019 on the finding that the second party are in the possession of 0.14 acres of the scheduled land including the disputed 0.07 acres of land from 22.03.2019 by erecting 3 tin-shed houses and further stated that the 1st party-petitioners was in possession before that date.

On receipt of the above inquiry report, the learned Executive Magistrate, Dhaka by his order dated 11.04.2022 was pleased to discharge the 2nd party opposite parties Nos.2- 4 from the case on the finding that the 2nd parties are in possession of the disputed land.

Being aggrieved thereby the order dated 11.04.2022 passed by the Executive Magistrate, Dhaka the first parties preferred Criminal Appeal No. 196 of 2022 before the learned Sessions Judge, Dhaka who after hearing by his impugned judgment and order dated 28.04.2022 summarily dismissed the appeal and thereby affirmed the order dated 14.04.2022 p