- (1.) This is a criminal revision against an order passed by the Learned Executive Magistrate, Katwa, refusing to file a complaint under Section 188 of the Indian Penal Code against the opposite party Nos. 1 to 7 for alleged disobedience of an order passed under Section 144 of the Code of Criminal Procedure.
(2.) The order of the Learned Magistrate passed under Section 144 of the Code of Criminal Procedure, allegedly disobeyed, is quoted hereunder, "From the petitions, submission of Learned Advocate and order of Hon'ble High Court it appears that the petitioner is apprehending breach of peace and tranquillity over the possession of the disputed plot. Learned Advocate for opposite party also claims possession of the disputed plot. Claims and counter claims over possession of the disputed plot may lead to breach of peace and tranquillity. Hence, ordered that the opposite parties are not to disturb the peaceful possession of the petitioner as determined by the B.L. & L.R.O. Mangalkote of the disputed plots. A copy of the order be given to C.I. Katwa, S.D.P.O. Katwa, O.C. Mangalkote, petitioner and opposite parties for compliance. To 12.12.02."
(3.) Heard Mr. Arup Chatterjee appearing on behalf of the petitioner and Mr. Ravi Shankar Chatterjee appearing on behalf of the State. None appeared on behalf of the opposite party Nos. 1 to 7. The affidavit of service filed in Court be kept with the record.;