ALI MOHAMMAD NAJAR Vs. BASHIR AHMAD NAJAR

JUDGEMENT

(1.) The petitioners, through the medium of instant petition, have invoked inherent jurisdiction of this Court vested by Section 561-A of the Jammu & Kashmir Criminal Procedure Code seeking quashing of the order dated 20 th of October, 2017, passed by learned Judicial Magistrate 1 st Class (2 nd Additional Munsiff), Srinagar (hereinafter referred to as the Trial Magistrate) and an order dated 11 th of May, 2018, passed by Principal Sessions Judge, Srinagar (the Revisional Court).

(2.) Before adverting to the grounds of challenge urged by learned counsel for the petitioners to assail the impugned orders, it is necessary to first set out the material facts.

(3.) The respondent filed a complaint before the Trial Magistrate against the petitioners alleging therein that the father of the respondent had filed a civil suit before the learned City Munsiff, Srinagar, seeking a decree of declaration declaring him the owner of land measuring 121/2 marlas falling under Khasra No.316 situated at Umerhair Srinagar. In the aforesaid suit pending adjudication before the Court of City Munsiff, Srinagar, an interim order dated 12 th of November, 2015, has been passed temporarily restraining the petitioners herein from creating any third party interest with respect to the suit property. It is submitted in the complaint that the petitioners despite being well aware of and having been served with the Court order, executed an agreement to sell wherein father of the respondent was shown present as one of the executants of the agreement. The agreement has been executed by the accused persons after the death of father of the respondents by forging his signatures and impersonating him.