Sunil Kumar Guin, J. - (1.) This revisional application is directed against the order passed by the learned Executive Magistrate, 1st Court, Alipore, on 1.8.91 in M. P. Case No. 1614 of 1991, whereby be directed the O. C., Lake P. S. to enquire and report and to see that no breach of peace might take place and also directed the said O. C., to see that the opposite party might not make any unauthorised construction or boundary wall illegally encroaching upon the petitioners 'premises until further orders.
(2.) Being aggrieved by such order the present petitioners who were opposite parties before the learned Executive Magistrate have filed the instant revisional application challenging the legality and propriety of the said order.
(3.) Mr. Sen Gupta, learned Advocate, appearing for the petitioners has argued that the impugned order is bad in law and also without jurisdiction, inasmuch as, the learned Executive Magistrate passed the said order without recording his satisfaction as to apprehension of breach of peace. He has also argued that the dispute as disclosed in the application under Section 144 of the Criminal Procedure Code, is essentially 8 dispute of civil nature and the learned Executive Magistrate should not have made any order on the application under Section 144 of the Cr. P. C. in the instant case. He has also argued that prior to the impugned order the opposite party filed three applications under Section 144 of the Cr. P. C. and obtained orders and that such repetitive orders under Section 144 of the Cr. P. C. are abuse of the power conferred under the said section and the learned Executive Magistrate should not have entertained the instant application under Section 144 of the Cr. P. C.;