SUBAL PAL Vs. SHIBANI SHIL AND ORS.

JUDGEMENT

(1.) THIS revisional application under Section 397 read with Section 401 of CrPC is directed against judgment and order dated 07.09.2009 passed by learned Sessions Judge, West Tripura, Agartala in Criminal Revision No. 3(1) of 2009, whereunder the learned Sessions Judge partly allowed the revisional application and thereby partly modified order dated 09.02.2009 passed by learned Sub -Divisional Magistrate, Bishalgarh in Case No. NGR -83(EX)04.

(2.) HEARD learned counsel, Mr. P.K. Pal for the petitioner and learned counsel, Mr. P.K. Dhar for the respondent No. 1. There was no representation for respondent No. 2, the State of Tripura.

(3.) THE brief fact is that pursuant to a petition filed by the respondent No. 1 dated 12.02.2004(1st party in the criminal proceedings, hereinafter mentioned as 1st party) regarding dispute over a plot of land measuring 1.77 acres recorded in Khatian No. 1121 plot Nos. 420, 424, 425, 427, 432, 687 and 430 of Mouja Golaghati under Sub -Division Bishalgarh, an enquiry was made by an Assistant Sub -Inspector of Police of Takarjala P.S. and a police report No. 15/2004 under Section 145 of CrPC was submitted before learned SDM, Bishalgarh and being satisfied that there exists apprehension of breach of peace, a proceedings under Section 145 of CrPC was initiated by learned SDM and in due course after enquiry learned SDM by an order dated 09.02.2009 finally disposed the proceedings observing that there was no dispute in respect of 1.23 acres of land belonged to the 1st party and that the remaining 0.54 acres of land were in possession of the 2nd party, i.e. the petitioner herein(hereinafter mentioned as 2nd party). The operative portion of the order passed by the learned SDM reads as follows: