- (1.) Heard the learned Advocates of the respective parties. By consent of both the parties, the matters being C.R.R. 3243 of 2006 and C.R.R. 3244 of 2006 are taken up for hearing together.
(2.) The two applications under Section 482 of the Code of Criminal Procedure, are directed against the proceeding under Section 144(2), Cr.P.C. being M.F. Case No. 1687 of 2006, pending before the learned Executive Magistrate, Diamond Harbour, District- South 24 Parganas and particularly, in respect of two orders being Orders dated 30th August, 2006 and 1 st September, 2006 respectively passed by the learned Magistrate in the said proceeding.
(3.) For the sake of convenience, the two orders being orders dated 30.08.06 and 1.9.06 are set out hereinbelow : "Order dated 30.08.06: Heard petitioner. To O/C M/Bazar P.S./B.L. & L.R.O. M/Bazar to cause enquiry and report by 29.11.06 O.Ps. to be informed by notice and S.R. of notice is to be submitted along with the report. O/C. to peace in the meantime. Heard and perused. It has come out from the submission of the petitioners that the said shop house is situated on the land of P.W.D. road and the record of the land is not in the name of the petitioner and not also of the O.P.men. O.P. is restrained from disturbing in any manner as alleged. O/C/M/ Bazar is directed to ensure peace and compliance of the order. Asst. Engineer, P.W.D. Diamond Harbour is directed to enquire and report as to whether the shop is constructed in the land of P.W.D. or not and if so, what action has been taken from their end in this connection. Prodhan, Dhanurhat G. P. under M/Bazar Block is directed to report as to on which basis trade licence (if issued) has been issued to the petitioner. Asst. Engineer, Group Electric Supply, WBSEB, Lakshmikantapur is directed to report as to, on which basis electric connection has been provided to the petitioner. Inform accordingly. To 29.11.06." "Order dated 01.09.06: C.R. is put up today. 2nd Party appeared by Vakalatnama and files a petition. Heard and perused the O.P. side against put up petition. Both parties are restrained from breaking the lock of the shop until further order. The case will be heard on the next date in presence of both sides. Inform accordingly.";