URVASHI Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) - By medium of this application under section 561-A of the Cr. P.C., the petitioners seek quashment of the order dated, 7-4-1988 passed by the learned city Magistrate Srinagar, initiating proceedings under section 145 of the Cr. P.C., and attaching the disputed property.

(2.) The Sub - Inspector of Police Station, Kothibagh appears to have filed an application before the learned Chief Judicial Magistrate, which came to be transferred to the City Magistrate, Srinagar, alleging therein that the Surti Hotel, situated at the Bund Srinagar, has been in the tenancy of Bikhu Bhai and Hira Chand for the last twenty years and they were running a hotel business in it. Hira Chand died last year and the petitioners herein are his heirs. The respondent No.2 is the attorney of Bikhu Bai and has been Authorised by him to run the business on his behalf. The parties were running the said business in the said hotel till November, 1987, when they closed it due to winter. The petitioners herein in absence of respondent No.2, who was out of station for some time, started the hotel business once again recently and are claiming its exclusive possession. When the respondent No. 2 on his return visited the hotel, the petitioners did not allow him to run the business along with them, as was being done before its closure, or enter into it. The parties were quarreling on the spot giving rise to criminal breach of peace. It was prayed by the police that proceedings may be initiated under section 145 of the Cr. P.C. and the disputed property attached. The learned Magistrate has recorded the statement of the Sub-Inspector in support of his application and also perused some documents produced before him. He has recorded a finding that he was satisfied as to the existence of dispute on spot in respect of the possession of the hotel in question, causing imminent breach of peace on spot. He has, therefore, initiated proceedings under section 145(1) of the Cr. P.C.

(3.) The police appears to have filed a miscellaneous application also for the attachment of the disputed property, as, allegedly, there was imminent danger of breach of peace on the spot. The Magistrate was satisfied about it and has attached the same.