IDARA AUQAF JAMIA MASJID MAGAM Vs. SSP BUDGAM

JUDGEMENT

(1.) By the instant petition, order dated 24.01.2018, passed by the Court of learned Judicial Magistrate, 1st Class (Sub Judge), Chadoora, is sought to be quashed by invoking powers under Section 561-A Cr. P. C.

(2.) Dispute between two groups regarding management of mosque situated at Magam has given rise to apprehension of breach of peace. Noticing the same, Executive Magistrate 1st Class (Tehsildar), Magam, on 6th January, 2018, has issued a notice asking seven persons which include Mohammad Ibrahim Mir who is the Chairman, Idara Auqaf Jamia Masjid, Magam and also Mohammad Akbar Mir who is the President of Anjuman Sharai Shia, Magam, to submit their objections. Then again same Magistrate has issued another notice on 13.01.2018 asking the parties to submit their respective objections.

(3.) The proceedings initiated by the Executive Magistrate 1st Class (Tehsildar), Magam, have been challenged by medium of a separate petition bearing 561-A No.22/2018. Vide interim direction dated 201.2018 passed thereon, operation of two notices dated 6th January, 2018 and 13th January, 2018, issued by Executive Magistrate, was stayed.