GH HYDER Vs. STATE OF J&K

JUDGEMENT

(1.) THIS criminal reference has arisen out of the order purported to have passed by Judicial Magistrate, Karnah on 1 -9 -1984, whereby learned Magistrate had directed to put the live -stock numbering about six to auction under section 523 Cr.P.C.

(2.) AGGRIEVED by the said order, the petitioners filed the present revision in the court of Sessions Judge, Kupwara, praying there in that the live -stock was seized from their possession by the police for un -known reasons and they have not been allowed by the Magistrate to produce evidence regarding entitlement of the cattle. In -fact they want to adduce evidence in this respect, but no chance was given to them and instead the Magistrate had ordered the sale of the said property.

(3.) IT may be noted that police Karnah, while on routine patroling in the area, had seized six heads of cattle from the possession of one Abdul Hamid Khan S/O Raja Mohammad Yaqub Khan (1 bull), Hyder Khan S/O Sher Ali Khan one bull, Mohammad Ismail Khan S/O Nawab Khan one cow, and Rahmatullah Khan S/O Sher Ali Khan one cow, and Abdullah Khan S/O Habibullah Khan two cows and so on under section 550 Cr.P.C. and have given report under section 523 Cr.P.C.