AHMED WANI Vs. HABIB ULLAH AHANGER

JUDGEMENT

(1.) AN application was filed by respondent No. 1 under Section 145 Cr. P. C., alleging therein that the applicant was in possession of the property detailed in the application and that the non -applicant had forcibly entered upon the said property and started construction, even though an injunction had been granted against the non -applicant in a civil suit restraining interference with the possession of the applicant. It was urged that the action of the non -applicant gave rise to imminent breach of the peace. In support of that application, an affidavit was also filed by the applicant. After recording the statement of the applicant and considering the affidavit filed. The learned magistrate drew up a preliminary order under section 145 (1) Cr. P. C. and subsequently, the disputed property was attached under section 145 (4) of the Cr. P. C. Aggrieved, respondent No. 1 filed a revision petition before the learned Sessions Judge which failed on 11 -5 -1979 and now he has come up to this court in revision.

(2.) APPEARING for the petitioner (respondent No. 1 Mr. Qayoom, learned counsel, has urged that the preliminary order as well as subsequent proceedings stood vitiated on the following three counts :

(3.) I have pursued the record and heard learned counsel for the parties.