QADIR BHAT Vs. STATE

JUDGEMENT

(1.) THIS is a reference made by the Sessions Judge, Srinagar, recommending that the order of the City Magistrate attaching the property in dispute be vacated.

(2.) IT appears that Qadir Bhat put in art application for initiation of proceedings Under Section 145, Cr. PC against Salam Dar and others, respondent Nos. 2 to 10v in the Court of Additional District Magistrate, Srinagar. The petitioner alleged that he was in possession of the property in dispute situate in Batawara and that respon-; dents Nos, 2 to 10 had taken forcible possession thereof and thus there was likelihood of Breach of peace. The Additional District Magistrate called for a report from the police. The police after ena. uiry reported that the property in dispute was a public lane and that respondents Nos. 2 to 10 had taken forcible possession of the same. The case was transferred to the Court of City Magistrate. The City Magistrate made a preliminary order (Under Section 145 (1), Cr. PC and on the application of Qadir Bhat, respondent No. 1 attached the orcperty in dispute on 25-4-1958 on the ground that there was imminent danger of breach of peace. After considering the objections filed by the parties the City Magistrate passed an order on 18th May, 1962 dismissing the application Under Section 145, Cr. PC. but allowed the order of attachment to continue till the aggrieved person sought and secured order from some Civil Court In respect of the property in dispute. Against this order a revision was taken before the Sessions Judge who has made this reference recommending that the order of the trial Magistrate be quashed.

(3.) THE learned Sessions Judge has found fault with the preliminary order drawn by the trial Magistrate Under Section 145 (1), Cr, P. C. it has been observed by the Sessions Judge In his judgment: