BASHIR AHMAD WANI Vs. ALI MOHD WANI

JUDGEMENT

(1.) PETITIONERS have invoked the jurisdiction of this court in terms of Section 561 -A of Code of Criminal Procedure, for short 'Code, for quashing the orders passed by learned City Magistrate, Srinagar, and learned Sessions Judge, Srinagar, dated 22nd of August, 2006 and 6th of September, 2007, on the grounds taken in the petition.

(2.) RESPONDENT filed a petition under Section 145 of the Code before learned Chief Judicial Magistrate, Srinagar -came to be transferred to the court of learned City Magistrate, Srinagar. Preliminary order came to be passed on 16th of February, 2006 -date of presentation of the petition. Petitioners -non -applicants appeared and filed objections and resisted the petition. After scanning the evidence, learned trial court -City Magistrate, granted the application and held that respondent -applicant came to be dispossessed by the petitioners herein -non -applicants within two months prior to the date of passing of the preliminary order and directed the petitioners to handover the possession of the disputed shop run under the name and style of AMCO TRADERS situated at Buchwara, Dalgate. Feeling aggrieved, petitioners filed revision petition before the court of learned Principal Sessions Judge, Srinagar came to be dismissed vide order dated 6th of September, 2007.

(3.) PETITIONERS have invoked the jurisdiction of this Court on the grounds that the impugned orders came to be passed illegally without application of evidence and have caused miscarriage of justice.