MUHAMMAD IBRAHIM vs MAKBUL AHMAD AND 3 Others — 1970 PCRLJ 407

Citation: 1970 PCRLJ 407

Court: Dacca

Year: 1969

Decision Date: 1969-10-30

Parties: MUHAMMAD IBRAHIM vs MAKBUL AHMAD AND 3 Others

Headnotes

Case cited as 1970 PCRLJ 407

Judgment Text

Court Name: Dacca Judge(s): Abdul Hakim Title: MUHAMMAD IBRAHIM vs MAKBUL AHMAD AND 3 Others Case No.: Criminal Revision No. 434 of 1968 Date of Judgment:1969-10-30 Reported As: 1970 P Cr. L J 407 Result: Rule made absolute Judgment ORDER This Rule is directed against an order dated 10-4-68 passed by Mr. S. Ahmad, Sub-Divisional Magistrate, Feni dropping a proceeding earlier drawn under section 145 (1), Cr. P. C. The learned Magistrate has dropped the proceeding with the following observations :- "Under Articles 387 and 404 of section 145, Cr. P. C. In Mitres' Book, the intention of the section is not to disturb the party admittedly in possession and also the subject involves movable property. Under the circumstances the proceedings under section 145, Cr. P. C. Is not maintainable. Proceeding is dropped. Inform Receiver." The first party petitioner filed an application before the learned Sub-Divisional Magistrate, Feni for drawing up a proceeding under section 145, Cr. P. C. Against the second party opposite-parties on the allegations that the second party men were disturbing the possession of the first party on the schedule lands and as a result there was a serious apprehension of breach of peace between them in respect of the said lands. The learned Sub-Divisional Magistrate on being satisfied from the petition of the first party that there was a chance of breach of peace over possession of the disputed lands and the shop (including all the materials therein), drew up a…

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