KONGKHAM CHANDRA MANI SINGH Vs. KONGKHAM SANGAI SINGH AND ORS.
HIGH COURT OF GAUHATI
Kongkham Chandra Mani Singh
Kongkham Sangai Singh And Ors.
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C. Jagannadhacharyulu, J. -
(1.) THIS is a reference made by the Sessions Judge, Manipur, under Section 438 Cr.P.C. in Criminal Revision Case No. 91 of 1965 on his file to set aside the order of the S.D.M., Bishenpur in N.F.I.R. Case No. 22 of 1965 on the file of the S.D.M. dropping the proceeding under Section 107, Cr.P.C. and directing the return of seized paddy etc. to the respondents.
(2.) THE petitioner filed a complaint before the Police against the respondents for drawing up proceedings under Section 107, Cr.P.C. on the allegation that the disputed land was delivered to him by the Court of First Subordinate Judge on 18 -8 -1965 in Execution Case No. 3 of 1959 on its file, that ever since the date of the delivery the petitioner and his men had been in continuous possession and enjoyment of the disputed land and that when the harvesting of the standing crops was begun, the respondents threatened the petitioner and his men with dangerous weapons and caused apprehension of breach of the peace. The Police submitted a report before the S.D.M., Bishenpur under Section 107, Cr.P.C. against the respondents. The learned S.D.M. passed an order on 1.11.1965 directing his office to issue summonses to the parties to ascertain if a proceeding under Section 107, Cr.P.C. was to be drawn up. On 14.11.1965 both the parties appeared before him, He heard them orally and passed the impugned order dropping the proceedings under Section 107, Cr.P.C. and directed the seized paddy etc., to be returned to the respondents.
(3.) THE petitioner filed Criminal Revision Petition No. 91 of 1965 against the respondents before the Sessions Judge. The respondents did not contest the proceeding before the Sessions Judge, The latter submitted the proceedings to this Court for quashing the order of the S.D.M.;
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