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Judgment
Ashim Kumar Roy, J.—At the instance of the present petitioner a proceeding u/s 144 of the Code of Criminal Procedure was instituted before the Learned Sub-Divisional Magistrate, Ghatal on 25.2.2010, when the Learned Magistrate made the following orders;
25-2-10
The petitioner file a petition u/s 144 Cr.P.C. Heard the Ld. Lawyer for the petitioner.
Considered.
O/C Ghatal P.S. is directed to cause a local enquiry into the petition and report.
He is also asked to maintain peace and see that no construction of building etc. runs on the suit plot in the meanwhile until further order. B.L.R.O. Ghatal for local enquiry and report with ROR status by 22-3-10.
Sd/P.K. Paul
Executive Magistrate, Ghatal
The private opposite parties challenged the said order in a criminal revision before the Learned Sessions Judge, Paschim Medinipur whereupon the Learned Sessions Judge, on March 3, 2010 admitted the said criminal revision called for the L.C.R. and granted stay till March 24, 2010. Thereafter, stay was extended till 12th of April, 2010.
The order so passed in connection with the aforesaid criminal revision is the subject matter of challenge in this criminal revision before this Court.
Heard the learned advocates appearing on behalf of the parties. Perused the impugned orders.
Having gone through the order initially passed in connection with the proceeding u/s 144 of the Code which was the subject matter of challenge before the Sessions Court, I have no doubt that the opposite party herein have been able to make out a case justifying grant ad interim order of stay. In my opinion, all the three tests essential for grant of an order of stay, viz., prima facie case balance of convenience and inconvenience and to avoid irreparable loss have been satisfied.
I do not find any merit in this criminal revision and same stands dismissed. Interim order, if any, stands dismissed.
Criminal Section is directed to deliver urgent Photostat certified copy of this Judgement to the parties, if applied for, as early as possible.