GH NABI CHACHOO Vs. GH AHMAD THOKAR

JUDGEMENT

(1.) THIS Criminal Reference has come up for hearing before Division Bench in view of the order made by the then Learned Chief Justice on September 6, 1989.

(2.) ORDER made by the Sub -Divisional Magistrate, Srinagar dated; 25 -06 -1988 is placed on record. For the reasons recorded in the order, Sub -Divisional Magistrate, Srinagar arrived at a conclusion that Ghulam Ahmad Thokar was in possession of land in question, measuring about two kanals and 4 1\2 marlas situated at Abi Nowpora, Srinagar comprising of Khasra numbers 469 Min and 465 on the date when the preliminary order in the case was drawn i.e. 25 -02 -1984. Gh. Ahmad Chachoo, S/o Ahad Chachoo, was ordered to restore possession of the same to the appellant Ghulam Ahmad Thokar.

(3.) BEING aggrieved by the said order, Sh. Ghulam Nabi Chachoo and others preferred Revision Application before the Court of Sessions at Srinagar. Learned Sessions Judge on 03 -12 -1988, after hearing the parties made a reference to this Court for quashing the proceedings initiated by Executive Magistrate. It is in view of this reference, the matter was placed before the Court for hearing on 06 -09 -1989. After hearing the parties, question referred to Division Bench reads as under: