ORDER This revisional application arises out of an order passed by the learned Additional Chief Judicial Magistrate, Tamluk in Case no. 613C/83 on 15.12.83. The learned Additional Chief Judicial Magistrate after petitioners examining the complainant and his witnesses and on perusal of the complaint and other relevant papers and documents issued summons against the present petitioners under sections 143/379 of the Indian Penal Code. It is consistent case of the petitioners that they are recorded Bargadars of the disputed land and that they cannot be charged for commission of theft of the paddy grown by them on such land. The attested copy of record-of-rights shows the possession of the petitioners in the disputed land. There is also the report of the J.L.R.O, which indicates that the petitioners have been possessing the disputed land as Bargadars. It appears that the parties have been litigating over the disputed land in writ jurisdiction of the High Court and there has been order of the High Court for maintenance of status quo. It also appears that the petitioners obtained by moving the writ jurisdiction of this Court, an order of injunction in respect of the said laud. The records of the case further indicates that the petitioners initiated ct proceeding under s. 457 of the Criminal Procedure Code for return of the paddy seized by the police under the orders of the Court in connection with this case. In such petition they disclosed all the material facts which they have taken in the revisional petition. 2. It is submitted by the learned Advocate appearing for the petitioners that in view of the overwhelming materials available and the facts and circumstances of the case no proceeding should have been started against them for the alleged commission of offences under ss. 143/379 I.P.C. and that they could not be made liable for committing theft of the paddy grown by themselves. They may of course be made liable for delivery of share of produce due to the owner under the West Bengal Land Reforms Act. I have gone through the papers produced before this Court and considered the submission of the learned Advocate for the petitioners. On proper appreciation of those materials I am of the view that no process should be issued on the petitioners who are Bargadurs in respect of the disputed land. I have gone through the papers produced before this Court and considered the submission of the learned Advocate for the petitioners. On proper appreciation of those materials I am of the view that no process should be issued on the petitioners who are Bargadurs in respect of the disputed land. They cannot be made criminally liable for taking away the produce of the land although they can be made liable under the West Bengal Land Reforms Act. Considering all these facts and circumstances of the case I allow this revisional application. The Rule is made absolute. The criminal proceeding started against the petitioners cannot stand and should be quashed. The seized paddy be returned to the petitioners. The opposite parties are at liberty to realise their due share under the West Bengal Land Reforms Act. Let the records of the case be sent back to the concerned Court immediately. Proceedings quashed. directions given.