ANIS UR REHMAN Vs. AZIZ UI REHMAN

JUDGEMENT

(1.) This petition is in consquence of the order made by Shri R K.Sinha, Addl. Sessions Judge, Delhi on the 29th of No ember, 1972, in exercise of the jurisdiction provided by section 438 of the Criminal Procedure Code, hereafter called "the Code".

(2.) The parties to the litigation are related to each other A dispute arose between them regarding the rights which the parties asserted in respect of lop roof of house No. 5314-A Kucha Behman, Delhi.

(3.) A report was received by the Sub-Divisional Magistrate on the 16th of July 1972, on account of which he took action under section 145 of the Code. Apprehending the breach of peace while passing the preliminary order under sub-section 2 of section 145 of the Code, the Sub-Divisional Magistrate directed the attachment of the subject matter indispute. The original order passed in that behalf under sub-section 4 of section 145 of the Code employs the terms :-