SARDAR SARDOOL SINGH Vs. TEJA SINGH

JUDGEMENT

(1.) Order dated 12-9-1987 of 2nd Addl. Sessions Judge, Srinagar in revision against order dated 19-9-1984 of Judicial Magistrate (Judge Small Causes Court) Srinagar in Criminal file 27/15 of 1987 titled Sardar Sardool Singh v. State is impugned in this revision petition.

(2.) On report of P. S. Shergari that the dispute likely to cause breach of peace in respect of shop at Amirakadal, Srinagar. The Judicial Magistrate after recording satisfaction passed preliminary order u/S. 145(1), Cr. P.C. followed by an order of attachment under Proviso 3 to sub-section (4) of Section 145, Cr. P.C. The other side appearing in the proceedings moved the Magistrate for dropping the proceedings on the ground that the factum of possession of the shop has been finally decided and adjudicated by the two Civil Courts of City Judge, Srinagar and Addl. District and Sessions Judge, Srinagar. The Magistrate vide impugned order dropped the proceedings after affording opportunities to the parties. Against this order of 19-9-1984 a revision was filed. The revision came to be decided by the 2nd Addl. District and Sessions Judge on 12-9-1987, after the Sessions Court found that the impugned order is not vitiated by any legal infirmity or procedural irregularity.

(3.) This revision is directed against the said order of Addl. District and Sessions Judge, Srinagar. Despite efforts of this Court to trace the parties or the counsel, neither parties nor their counsel could be served, as the parties and their counsel are not present on the available addressed at Srinagar as given in the petition.