GH NABI Vs. GULLA

JUDGEMENT

(1.) DURING inspection of the records of various courts in District Kupwara, following files of Executive Magistrate/Assistant Commissioner Kupwara, were retained. Perusal, thereof revealed that judicial intervention might be called for, so, the files were had listed after assumption of revisional jurisdiction to assess the legality etc. of orders passed and proceedings held therein.

(2.) PERUSAL of file No. 9 of 2007 captioned "Gh. Nabi v. Gulla and ors" reveals that while, proceedings u/s 145 of Cr.P.C, Ld. Executive Magistrate passed two orders on 4th June 2007, under one he attached the allegedly disputed land and under another directed issuance of notice to otherside and pasting of copy thereof near the attached land; which ex -facie suggests that attachment order under Sub Section (4) of Section 145 was passed before the preliminary order u/s 145(1), only whereafter he could have assumed jurisdiction. The proceedings thus ex -facie suffer from irregularity which is required to be gone in to further.

(3.) (a) In file No.6 of 2007, captioned "Mst. Zaina vs. Hussain Sheikh and ors" Executive Magistrate/Assistant Commissioner Kupwara appears to have initiated proceedings u/s 145 without assumption of jurisdiction under Sub -Section (1) and conducted proceedings without a preliminary order without which he could not have assumed jurisdiction, rendering legality of the proceedings doubtful which requires further judicial scrutiny.