RAJA Vs. SAFADAR KHAN

JUDGEMENT

(1.) THIS criminal reference has been made on revision petition filed before the learned sessions Judge, Pulwama arising on revision petition No:9 of 1987 on 31.10.1987 who has recommended for the quashment of the impugned order passed by Learned Chief Judicial Magistrate Shopian in proceedings under Section 145 Cr. P.C.

(2.) THE parties were summoned, but despite service first they appeared and subsequently absented and then the matter came up for consideration and hearing, nobody appeared so the petition was so -moto examined and perused by me and on examination I find that the proceedings initiated by learned JM Pulwama with respect to land measuring 8 Kanals under Khasra No: 504/152 situated at Kerawa Manloo tehsil Shopian on an application transferred to him by Ld. CJM Shopian and the learned Magistrate has initiated the proceedings under section 145(1) and 145 (4) of Cr .P.C. Subsequently objections have been filed and the matter was transferred for consideration and disposal to the learned CJM Shopian on an application for transfer moved before District & Session Judge, Pulwama and the file was transferred to the learned CJM Shopian for disposal under law per orders dated 7.5.1987. The file having came up before learned CJM Shopian who after hearing the parties passed the order dated 23.6.1987 which is impugned in the present criminal reference.

(3.) THE learned Magistrate has returned a finding that as because there are several cases pending between the parties to the dispute regarding same subject matter and one party contends that the disputed land is an orchard and is in their possession and the other contends that the disputed land is an agricultural land and is also depiciled by the revenue records on this score, so the initiation of proceedings under section 145 Cr.P.C. is abinitio bad as because it is the Executive Magistrate only who had.