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Judgment
Rajasekhar Mantha, J
Despite service of notice, none appears for the opposite party son and daughter-in-law. Affidavit of service filed in Court today kept with the record.
The revisionist is aggrieved by an order dated January 30, 2019 passed by the learned S.D.E.M., Kalyani under Section 145 of the Code of Criminal Procedure.
The petitioner had complained of being forcefully dispossessed from his house property by his son and daughter-in-law.
The learned Executive Magistrate, Kalyani, after consideration of the evidence adduced by the parties has very strangely held that the matter is a civil dispute and cannot be gone into under Section 145 of Cr. P.C.
Admittedly, the house property stands in the name of the revisionist and even the opposite party does not dispute the same. The police report indicates that there are serious disputes and differences between the son and his wife and that there are criminal proceeding pending between them. There are violent altercations between the son and daughter-in-law that can easily intimidate the petitioner and his wife. The petitioner is a senior citizen aged about 62 years and he is entitled to live peacefully in his residence.
The evidence on record invariably indicates that the petitioner's peace is being disturbed and the petitioner's apprehension of ousted from his premises is present and genuine.
In those circumstances, the learned Executive Magistrate along with the Officer-in-charge, Kalyani Police Station shall evict the son and daughter-in-law from the said premises. The petitioner and his wife shall be restored their possession of their property and the Officer-in-charge, Kalyani Police Station shall personally ensure that the petitioner and his wife are not disturbed from living peacefully in the said premises.
With the aforesaid directions, the revisional application is disposed of.
No order as to costs.
The order of eviction of the opposite party shall be carried out by the Officer-in-charge, Kalyani Police Station within a period of 7 days from the date of receipt of a server copy of this order.
Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.