KRISHEN CHAND Vs. SAFEER CHAND

JUDGEMENT

(1.) THIS is a revision against an order passed by the Sessions Judge Udhampur, dated 29th April, 1983, by which he set aside the order passed by the CJM, Udhampur. It is submitted by the petitioners counsel that the Sessions Judge has exceeded his jurisdiction in doing so.

(2.) THE facts of the case in brief are as follows. The petitioner filed an application under Section 145 Cr. P. C. against the respondent. The parties filed their affidavits in regard to their respective claim of possession. Consequently a preliminary order was passed by the magistrate. The magistrate found that the affidavits filed were defective in that they were not attested "in a legal and proper manner "and dismissed the petition. In revision the Sessions Judge held that the likelihood of breach of peace at the spot could not vanish because the affidavits of the parties were defective. It is this order that is being challenged in this revision.

(3.) I agree with the learned Sessions Judge. The magistrate gets jurisdiction under Section 145 Cr. P. C when there is likelihood of breach of peace. The magistrate can dispose of the application either by declaring as to who is in possession or when he is satisfied that there is no likelihood of breach of peace, The dismissal of the application simply because the affidavits were defective was not proper. The order under revision has been passed in accordance with law. In these circumstances, I dismiss the revision.