Kalawati Sonkar vs Smt. Arati Debi Singh (Jha) And Anr
2022 Latest Caselaw 4230 Cal

Form J(1)       IN THE HIGH COURT AT CALCUTTA
                   Criminal Revisional Jurisdiction
                               Appellate Side

Present :
The Hon'ble Justice Bibek Chaudhuri


                              CRR 2046 of 2022


                              Kalawati Sonkar
                                      Vs.
                      Smt. Arati Debi Singh (Jha) and Anr.


For the petitioner:    Mr. Debasis Kar




Item No.245 ML



Heard & Judgment on:           14.07.2022


Bibek Chaudhuri, J.

In the instant revision an order dated 8 th June, 2022

passed by the Executive Magistrate, Barrackpore in a proceeding

under Section 144(2) of the Code of Criminal Procedure

protecting the petitioner/opposite party from any unlawful

encroachment is assailed.

It appears from the impugned order that the Executive

Magistrate, Barrackpore has not stated prima facie ground of his

satisfaction that the opposite party before him tried to encroach

upon the property of the petitioner unlawfully.

Moreover, the alleged dispute between the parties is

absolutely civil in nature. Encroachment of land by a private

party cannot be a ground for drawing up a proceeding under

Section 144(2) of the Code of Criminal Procedure.

In view of the reason stated above, this Court finds that

the order dated 8th June, 2022 is palpably illegal and cannot be

sustained. This Court does not feel even to direct the petitioner

to issue notice upon the opposite party and the instant revision

is allowed setting aside the impugned order dated 8th June,

2022.

(Bibek Chaudhuri, J.)