Crl.Pet. 3/2008 BEFORE HON’BLE MR JUSTICE H.N. SARMA Heard Mr. G.N. Sahewalla, learned senior counsel for the petitioner. By filing this revision petition, the petitioner has challenged the ord er dated 13-12-2007 passed by the learned SDJM, Sadar, Silchar converting a proc eeding under Section 144 Cr.P.C. into Section 145 Cr.P.C., on the basis of the application filed by the second party and drew up a proceeding accordingly on 3- 12-2007. The impugned order dated 3-12-2007 disclose that the learned SDJM passe d the aforesaid order interalia on the basis of a police report dated 22-7-2007 according to which the disputed land will cause serious problem in maintaining p ublic tranquility, if the second party goes for harvesting in the disputed lan d in question. The learned Magistrate also considered that the second party is in possession of the disputed land on the basis of a power of attorney executed in his favour whose name appear in the Jamabandi. The learned Magistrate also no ted that the name of the first party appears in the Jamabandi. However considering the appeal at the disposal stage, the appeal was converted f rom Section 144Cr.P.C. to Section 145 Cr.P.C.. Mr. Sahewalla submits that while passing the order, the learned trial co urt did not effectively consider the documents filed by the petitioner nor the p olice submitted the real factual report. The disputes raised by Mr. Sahewalla is basically a disputed question of facts which is not entitled to be decided in t his crl. petition. Accordingly, this crl. petition is disposed of with the observations that the pe titioner may filed necessary documents before the learned Magistrate raising his grievances regarding the non-maintainability of the case on the basis of the do cuments alleged to be in his possession which are documents of Civil Courts. The petitioner may also pray calling for police report and in the event of such ap plication, the learned trial court shall pass appropriate order thereon, taking note of the grievances raised by the petitioner. With the aforesaid observations and direction this criminal petition st ands finally terminated.