RATTAN LAL Vs. KUNDAN LAL GUPTA

JUDGEMENT

(1.) THIS criminal reference has been made by the learned sessions judge Jammu, in a criminal revision petition filed before him against the order dated 26.10.1989 passed by the learned Chief Judicial Magistrate, Jammu.

(2.) IT appears that a petition u/s 145 of Cr.P.C. was filed by the respondent Kundan lal against the petitioner Ratan lal and his son Anil Kumar in the court of Chief Judicial Magistrate, Jammu. The case of the respondent as projected before the learned Chief Judical Magistrate was that he was the tenant of the petitioner in the disputed premises for the past seven years and was conducting the business of sales and purchase of plots and finance. On 15 Oct. 1989, when he went to the disputed premises to collect some documents, he found that locks were broke open and some material and amount had been stolen. He accordingly filed report with the police station as per FIR 376/89 under sections 447/380 RPC. In short therefore, the respondents case before the court of Chief Judicial Magistrate was that on 15 Oct. 1989, he was dispossessed forcibly and illegally from the disputed premises, even .though he was a tenant of these premises. His further case was that there was an imminent danger of breach of peace and that the case was one of emergency and therefore, he sought the attachment of the premises on this ground. The learned Chief Judicial Magistrate, Jammu accordingly drew up a preliminary order u/s 145 of Cr.P.C and in the same composite order he also directed the attachment of the property in question. It was against this order that the petitioner herein filed the revision petition before the learned Sessions Judge, Jammu who vide the order under ref. recommended the quashing of the impugned order of Chief Judicial Magistrate, Jammu.

(3.) I have heard the learned counsel for the parties and perused the record.