Panchanan Garai & Ors vs The State Of West Bengal & Anr
2022 Latest Caselaw 4027 Cal

Form J(2)       IN THE HIGH COURT AT CALCUTTA
                   Criminal Revisional Jurisdiction
                             Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                       C.R.R. 2271 of 2022

                    Panchanan Garai & Ors.
                               Vs.
                 The State of West Bengal & Anr.

For the petitioners    :   Mr. Malay Bhattacharyya
                           Ms. Shefa Mondal


For the State          :

Heard on               : 06.07.2022

Judgment On            : 06.07.2022.

Bibek Chaudhuri, J.

It appears from the Revenue Inspector's order which has been

annexed by the petitioners with the instant revision that the

petitioner's house is situated on a portion of plot no.1741. The said

house is bounded by boundary walls on four sides. The opposite

party's house is situated in the remaining portion of plot nos.1741

and 1742. There is pathway mentioned in the deed of the opposite

party no.2 for ingress and egress to the house of the opposite party

no.2. Proceeding under Section 133 of the Code of Criminal Procedure

was initiated when the petitioners excavated the said pathway and

obstructed the petitioners from using the same. On 18 th November,

2019 the Revenue Inspector, Bud Bud R.I. Office made spot

verification and mentioned that though the said pathway was

excavated and subsequently filled up by earth, it is not in proper

condition due to excavation by the petitioners.

On perusal of the dispute between the parties, this court is of

the opinion that the dispute is essentially civil in nature. No

proceeding under Section 133 of the Code of Criminal Procedure is

maintainable. Accordingly, the impugned order dated 2 nd March, 2020

is set aside.

The instant revision is thus disposed of.

(Bibek Chaudhuri, J.)