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IN THE COURT OF SESSIONS JUDGE ::: MORIGAON.

Criminal Revision No. 15/2012

Kabin Bora and Another : Petitioner.

Versus

Sashankar Saikia : Opp. party.

PRESENT

SRI P. C. DAS (A.J.S)

SESSIONS JUDGE,
MORIGAON (ASSAM).

APPEARANCE :

Learned advocate for the petitioner : Mr. M. C. Sarkar,

Learned advocate for the Opp. Party : Mr. J. K. Nath,

Date of argument : 06.07.2012.

Date of Judgment : 20.07.2012.

J U D G M E N T AND O R D E R

The petitioners Kabin Bora and another has approached this

revisional court by filing petition No.408/2012 dated 02.04.2012
U/s 397/399 of Cr.P.C. against the order dated 22.03.2012 passed by
the Learned Additional District Magistrate, Morigaon in M.R. Case
No.48/2012.

Before proceeding any further, it would be appropriate at this

juncture to narrate briefly the facts of the case, as projected in the
revision petition filed by the petitioners.

FACTUAL MATRIX

That, the Opp. party No.1, Sashankar Saikia, as the

petitioner filed a petition dated 21.03.2012 before the Ld. Additional
District Magistrate, Morigaon (hereinafter referred to as A.D.M.,
Morigaon), praying to draw up a proceeding U/s 144/145/146(a) of
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the Cr.P.C. restraining entry of the 2nd party over the disputed land,
as described in the schedule of the petition.

That, considering the said petition, the Ld. A. D. M., on

22.03.2012 was pleased to draw up a proceeding U/s 144 Cr.P.C.
promulgating a prohibitory order U/s 144 Cr.P.C. restraining entry
of the 2nd party in the disputed land fixing 22.04.2012 in the case.

Accordingly, immediately after receipt of notices in

connection with the aforesaid case, the present petitioners No.1 & 2,
appeared before the Ld. A. D. M., with a petition dated 30.03.2012
for altercation, rescind and dropping the proceeding.

But according to the petitioners, the learned A. D. M., did not

consider the said petition and decided to fix date for hearing on the
petition on 20.04.2012.

Being highly aggrieved at and dissatisfied with the

impugned order dated 22.03.2012 passed by the Ld. Additional
District Magistrate, Morigaon, the petitioners have preferred this
revision, on the following grounds amongst other grounds :-

(1) That, the order of the Ld. A.D.M., Morigaon is against

the law.
(2) That, the Ld. A.D.M., Morigaon, before passing the said
impugned prohibitory order, ought to have heard the
2nd party/petitioners.
(3) That, the Ld. A.D.M., Morigaon, by not considering the
petition dated 30.03.2012 filed for altercation or
rescind of the said order U/s144 (5) of Cr.P.C., has
violated the provisions of law and etc.
POINT FOR DETERMINATION
(1) The only point for determination in this case is that
whether the impugned order dated 22.03.2012 passed
by the Ld. A.D.M., Morigaon in M.R. Case No. 48/2012
U/s 144 of Cr.P.C. is illegal, irregular and improper and if
it is so, whether it is liable to be interfered with by this
revisional Court ?
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DISCUSSIONS, DECISION AND REASON THEREOF

I have considered the materials on record very carefully and

cautiously.

I have also perused the impugned order dated22.03.2012.

I have also heard the Ld. Advocates for both sides.

Record reveals that after passing the impugned order dated

22.03.2012, next date that was fixed in the case was 20.04.2012.
Further on appearance of the 2nd party/petitioners on 30.03.2012,
the Ld. A.D.M., Morigaon, was pleased to hear the matter on
20.04.2012 i.e. on the date fixed in the case. Thus, 30.03.2012 was
definitely an off date in the case.

U/s 144 (5) Cr.P.C., the Ld. trial Magistrate has the power to
rescind or alter any order passed by him U/s 144 (1) Cr.P.C. on his
own motion or on application of any person aggrieved. But for that
matter his prima-facie satisfaction is of utmost necessary.

In the instant case in hand, it is found that, the Ld. A.D.M.,

Morigaon has rightly placed the petition, as submitted by the 2nd
party/petitioners on the date fixed i.e. on 20.04.2012, as because
30.03.2012 was an off date.

In that view of the matter, I do not find any illegality and

irregularity in the impugned order dated 22.03.2012 passed by the
Ld. A.D.M., Morigaon, and the revision petition therefore, stands
dismissed.

Accordingly, it is hereby directed that the Ld. A. D. M.,

Morigaon, will consider the petition of the 2nd party filed on
30.03.2012 and dispose off the same in accordance with law, as
early as possible..

Accordingly, the revision petition stands dismissed.

Send back the case record to the Ld. Trial Magistrate along
with a copy of this judgment and order, with the direction to
proceed further with the case in accordance with law.
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ORDER

In the light of above discussion, the revision petition stands

dismissed.

Send back the case record to the Ld. Trial Magistrate along
with a copy of this judgment and order, with the direction to
proceed further with the case in accordance with law.

Given under my hand and seal of this Court on this 20th day
of July, 2012.

Dictated & corrected by me Sessions Judge,

Morigaon.
Sessions Judge,
Morigaon.