- (1.) This is an application under Article 227 of the Constitution of India filed by five petitioners Ajoy Kumar Sahoo, Parimal Sahoo @ Sadananda Sahoo, Subimal Sahoo, Bimal Sahoo and Abani Sahoo against three opposite parties namely State of West Bengal, Officerin-Charge Ramnagar Police Station, District Purba Medinipur and ASI Tapas Patra of Ramnagar Police Station, District Purba Medinipur for quashing and setting aside the impugned orders dated 8.1.2014 and 24.1.2014 passed by Executive Magistrate, Contai initiating proceedings under Section 107 of the Code of Criminal Procedure against the present petitioners. Impugned orders remained stayed as per order dated 1.4.2014 and subsequent orders passed by this High Court till 21.1.2015. Petitioners have challenged the orders dated 8.1.2014 and 24.1.2014 passed by learned Executive Magistrate on the basis of NCR No. 235/12 corresponding to NGR No. 20/14 under Section 107 of the Code of Criminal Procedure. Said NCR has been submitted before the Executive Magistrate by the opposite party no. 3. In the NCR it has been alleged that one Bhabani Sankar Pani, S/O. late Bipin Bihari Pani of Routrapore, P.S. Ramnagar reported that on 8.12.13 at 14:00 hours the present petitioners were cutting bamboos and threatened to Bhabani Sankar Pani using filthy language over the issue of land dispute. The opposite party no. 3 has reported that the said allegation is true which he found on legal enquiry. He has stated in said NCR that there is every chance of serious breach of peace in the area by the present petitioners and on that issue a tension is prevailing in the area.
(2.) On 8.1.2014 learned Executive Magistrate received that report of opposite party no. 3 and drew up proceeding against the opposite parties under Section 107 of the Code of Criminal Procedure. On 24.1.2014 present petitioners appeared before the learned Executive Magistrate and they were released on P.R. Bond of Rs.6000/- each.
(3.) Petitioners have challenged the said orders alleging that on previous occasion at the instance of one of the petitioners a proceeding under Section 133 of the Code of Criminal Procedure was started against Bhabani Sankar Pani and others and in that proceeding order was passed for removal of obstruction created by Bhabani Sankar Pani and others encroaching public road.;