BANAMALI DEKA Vs. UPENDRA NATH DAS

JUDGEMENT

(1.) This first party in a proceeding u/s 145 CrPC has brought this revision from the order dated 18.8.93 passed by Shri M.M. Sarkar, Sessions Judge, Barpeta, in Criminal Motion No. 21(B-1) of 1993 setting aside the order dated 29.1.93 passed by Sri. T. Barua, Additional Deputy Commis- sioner, Barpeta, in Misc. case No. 118m/86 by which he directed the first party to amend his complaint and also quashed the entire proceeding.

(2.) The first party, Banamali Deka, filed a complaint on 14.7.86 in the Court of Additional D.C. Barpeta. In that complaint he stated that he was possessing land (3B) at village Dameraboa. He described the Schedule of 3 Bigha, which he possessed thus : Dag No. 111 of KP Patta No. 35, village Damerabowa, mouza Nagaon, 3 bighas of land out of 13B 17 Ls. On western side.

(3.) He complained against the second party for starting a construction on sarkari land which lies in front of his 3 bigha land alleging that the construction would cause great inconvenience to him. Alleging that there was apprehension for breach of peace, he prayed that proceeding be drawn u/s 145 CrPC, that the land be attached and its possession be delivered to him. There was no schedule of the disputed land.