KULSUMUNNISA Vs. REX

JUDGEMENT

(1.) This application in revision has been filed by Mt. Kulsurnunniaa against an order, dated 20th August 1948, made by the Sessions Judge of Agra, affirming an order, dated 6th May 1948, passed by a Magistrate of the First Class at Agra, in a proceeding under Section 145, Criminal P. C.

(2.) On 16th June 1945, Mushfcaq Ahmad made an application to the Magistrate that there was a dispute likely to cause a breach of the peace. In this application Nabi Uddin, Ghaffar Khan, Akhtar Huaain and Ashfaq Hus&in were arrayed as opposite party. The application was sent to the police for enquiry and report; and on receipt of the police report and on being satisfied about the existence of a dispute of the nature alleged the Magistrate made an order, under Sub-section (l) of Section 145 of the Code, calling upon the parties concerned to file written statements of their respective claims with regard to actual possession of the subject in dispute.

(3.) It is not disputed that the order was duly served in the manner provided by the Code upon the persons concerned and a copy thereof was affixed at or near the subject of dispute. It appears that as the proceedings progressed the original parties dropped out and the real parties to the dispute appeared before the Magistrate.