MOHAMMAD IDREES PEERZADA Vs. ABDUL RASHID WANI

JUDGEMENT

(1.) The petitioners have challenged order dtd. 27/1/2020 passed by learned Additional Sessions Judge, Sopore, whereby, while exercising revisional jurisdiction, the learned Sessions Judge has set aside order dtd. 18/12/2017 passed by learned Judicial Magistrate, 1 st Class (Munsiff), Dangiwacha, in a proceeding under Sec. 145 of the Cr. P. C.

(2.) It appears that the petitioners had filed an application under Sec. 145 read with Sec. 147 of the Cr. P. C against the respondent herein and 12 other persons before the Court of Judicial Magistrate, 1st Class, Dangiwacha. In the application, it was alleged that the petitioners are the owners in possession of land measuring 1 kanal 10 marlas comprised in Khasra Nos.487/182 and 188 situated at village Pazwalpora Tehsil Dangiwacha. It was further averred that during the intervening night of 6/7/12/2017 at about 3.40 AM, the respondent and his associates, who have been impleaded as respondents in the proceedings under Sec. 145 of the Cr. P. C, armed with sharp instruments, cordoned the residential house of the petitioners, committed lurking house trespass and intimidated the petitioners and their family members. It was further alleged that the assailants damaged the fruit bearing trees of the petitioners and dismantled the fencing of the apple orchard. The petitioners lodged FIR No.76/2017 with Police Station, Dangiwacha. They are stated to have approached SHO, Women's Police Station, Baramulla, and the SHO submitted the report before the Court of Judicial Magistrate, 1st Class, Dangiwacha. It was alleged that the respondent and his associates by taking law into their hands committed criminal trespass, rioting with deadly weapons, robbery etc thereby disturbing peaceful and continuous possession of the petitioners over the subject land which has led to breach of peace and which is likely to cause breach of peace and threat to the life and property of the petitioners. It was further alleged in the application that on 7/12/2017 the petitioners were wrongfully and forcibly dispossessed. They sought restoration of their possession and initiation of proceedings under Sec. 145 of the Cr. P. C. The petitioners, in order to support their contentions, have placed a number of documents on record along with aforesaid application.

(3.) On 18/12/2017, the learned trial Magistrate passed a preliminary order and further directed the attachment of the subject matter by keeping it on superdari of Incharge Police Station, Dangiwacha, till conclusion of the enquiry. At the same time, summons was issued to the respondents therein with a direction to the parties to produce written statements and other documents/affidavits in support of their claims.