QAZI HASSAN MOHAMMAD Vs. JAMAL DIN

JUDGEMENT

(1.) This reference has arisen out of the proceedings taken by the learned Chief Judicial Magistrate, Poonch under section 145 Cr. P.C., whereby he on an enquiry under the said provisions of Criminal Procedure Code arrived at a conclusion that the respondents 1 to 3 Jama Din, Abdul Rahim and Sahmas-ud-din were in possession of a madrasa Ashyat-ul-Islam Chandak and other non applicants 4 to 8 forcibly dispossessed them from the possession of the said school after the Institution of the said proceedings before his court and, therefore, ordered that the non applicantsT 1 to 3 be restored back their possession of the said school.

(2.) The learned Sessions Judge, Poonch, on a revision petition med before him, put at naught the said order of the enquiry Magistrate, and submitted the me by way of a reference, for appropriate orders to be passed in the matter, by this Court.

(3.) The facts briefly stated are these: That there exists a Mosque in village Chandak Poonch known as Jamia Masjid Sharief Chandak with regard to which some dispute arose regarding the immamat between two groups of Muslims, as a result of which, certain people from both the groups were arrested under the provisions of Section 107/151 Cr. P.C. There is a madrasa, namely, Jnshyat-ul-Islam running with the said Mosque, in which some 150 students were under going education and Mclvi Jamal-ud-Dinjrespondent No. 1 was imparting Islamic education to them. So far as the Immamat of the Mosque was concerned, the opposite group of said Mclvi had brought one Scholar from Bareilly to impart education to the children, with regard to which a dispute arose between the parties, as a result of which, the prayer for initiation of proceedings was made before the Chie Judicial Magistrate by the S.H.O., Poonch, on 3/3/1981. A preliminary order as contemplated under Clause I of Section 145 Cr. P.C. was passed and the parties i.e. respondents 1 to 3 and respondents 4 to 6 were ordered to attend his Court on 16/3/1981 and put in written statements of their respective claims, as regards the fact of actual possession of the school in dispute, and also to put in such documents or to adduce in affidavits the evidence of such persons as they relied upon in support of such claims.