ORDER

Date : 06.05.2024 Heard Mr. M. H. Laskar, learned counsel appearing for the accused petitioners as well as Mr. A. Tewari, learned counsel appearing for respondent No.2.

1. By this application under Section 482 Cr.P.C., the petitioner has prayed for quashing of the impugned orders dated 15.12.2020 and 5.11.2018 passed by learned Sub-Divisional Magistrate (hereinafter SDM), Bokajan, Karbi Anglong in M.R. Case No. 07/2014 as well as impugned judgment and the order dated 30.04.2019 passed by the learned Sessions Judge, Karbi Anglong in Criminal Revision Petition No. 1/2019.

2. The case of the petitioner is that she is in peaceful possession of a government land measuring 10 Bighas situated under Borjan Mouza, Dist- Karbi Anglong, Assam since more than 34 years. As the respondent No.2 tried to forcefully disposses her from her land in June, 2014, she filed a petition under Section 145/146 Cr.P.C. before the learned Sub- Divisional Magistrate, (SDM), Bokajan apprehending serious breach of peace and clash between the parties. The said case was registered vide MR Case No. 7/2014 and the said case was forwarded to O/C Khatkati PS for enquiry and submit report. The O/C Khatkhati PS made inquiry in the matter and submitted a report on 14.10.2014 wherein he clearly stated that there was apprehension of breach of peace and clash between the parties. Accordingly, learned SDM, Bokajan vide order dated 17.10.2014 initiated a proceeding under Section 145 Cr.P.C. and directed both the parties to maintain status quo.

3. It is further stated that the respondent No.2 subsequently, filed a written statement and thereafter evidence of some witnesses were also recorded. When the case was at the stage of evidence, the learned SDM, Bokajan vide order dated 20.09.2018 directed the O/C Khatkhati PS to inquire and submit report as to whether continuation of proceeding under Section 145 Cr.P.C was still required or not. Accordingly, the O/C, Khatkhati PS submitted an inquiry report dated 10.10.2018 stating that proceeding under Section 145 Cr.P.C. was not relevant. On the basis of the report, the learned SDM, Bokajan vide order dated 13.10.2018 passed an order that further continuation of the case was no more required and the case was accordingly closed.

4. Being highly aggrieved, the petitioner approached before the Sessions Judge, Karbi Anglong vide Crl. Rev. Petition. No.1/2019 which was also dismissed vide impugned judgment and order dated 30.04.2019. Thereafter, the respondent No.2 filed an application before the learned SDM, Bokajan praying for passing necessary order to the concerned authority for demarcation and peaceful handover of the possession of the land from the petitioner to him. The learned SDM, Bokajan then re-opened the case vide MR Case No. 07/2014 and passed the impugned order dated 15.12.2020 directing the Assistant Revenue Officer, Diphu Revenue Circle to initiate proper arrangement for demarcation of the land as well as to hand over peaceful possession of the land to the respondent No.2. It was alleged that aforesaid order was passed without issuing any notice to the petitioner. Hence, this petition.

5. The learned counsel for the petitioner has argued that on 10.09.2019, the respondent No.2 along with some other persons threatened the petitioner and her family members to vacate the plot of land otherwise they would be forcefully dispossessed. In this regard, the petitioner filed a complaint before the SDM, Bokajan seeking appropriate direction to the Khatkhati PS for registration and investigation of the case. However, the learned SDM, Bokajan did not take any action in the matter.

6. It is further submitted that the respondent No.2 in the meantime, again filed an application before the learned SDM, Bokajan for demarcation and peaceful handover of the disputed land from the petitioner to him. Thereafter, the petitioner filed a complaint before the Superintendent of Police, Karbi Anglong seeking protection. The petitioner also filed