Prasenjit Mandal, J. - (1.) This application under Section 482 of the Code of Criminal Procedure, 1973 is at the instance of opposite parties of a proceeding under Section 133 of the Cr.P.C., 1973, and is directed against the order dated 27.02.2007 passed by the learned Sessions Judge, Jalpaiguri in Criminal Revision No.4 of 2007 thereby rejecting the revisional application filed by the petitioners.
(2.) The fact of the case in short is that on the basis of a mass petition filed by some persons of the locality alleging that the petitioners are illegally occupying a portion of the land belonging to the municipality, the executive magistrate called for a report from the B.L. & L.R.O. regarding the status of the land. The magistrate also issued a notice upon the opposite parties to file a written objection as to why the proceeding under Section 133 of the Cr.P.C. should not be drawn up against them.
(3.) Thereafter the magistrate directed the B.L. & L.R.O. to demarcate the entire land in case in presence of a competent officer after issuing notice to all the concerned so as to ascertain whether the actual enclosure of the land measuing .06 acres comprised within the plot no.1496 of Mouza Kharia, J.L. No.7 and Sheet No.33. The B.L. & L.R.O. submitted his report on 10.01.2007 stating that it was not possible to carry out the order due to the resistance of the opposite parties, and the B.L. & L.R.O. prayed for deployment of female police force to demarcate the land. The Magistrate passed orders dated 22.12.2006 and 12.01.2007 thereby directing demarcation with the police help. Adequate police force was deployed. Being aggrieved by and dissatisfied with the order of the magistrate, the petitioners preferred a revisional application before the learned Sessions Judge.;