SUNDRI Vs. AZIZI

JUDGEMENT

(1.) THIS is an application under section 561 -A Cr. P.C.brought by Mst. Sundari for quashing proceedings pending under section 145 Cr. P.C. before the Executive Magistrate Tehsildar Khas, Srinagar.

(2.) IT appears that on an application made before the Executive Magistrate, Tehsildar Khas, Srinagar he initiated proceedings under section 145 Cr. P. C. in respect of the piece of land, the subject of dispute. He drew up the preliminary order as he was satisfied that there was a dispute with regard to the subject of dispute between the parties and there was likelihood of breach of the peace. That order is sought to be quashed by means of this petition before me.

(3.) MR . S. Kaul has contended that the order of the learned Magistrate is without jurisdiction inasmuch as he has assumed that Mst. Azizi is in actual physical possession of the land in dispute, whereas from her own statement and from the very application filed by her, it appears that she holds the property through Amma Wani and Ramzan Dar. The requirement of Section 145 (1) Cr. P. C. is that ,the party making an application must be in actual possession of the subject of dispute. On that is founded the jurisdiction of the court. As this requirement of Section, has not been satisfied, therefore, the order made by the Magistrate is not according to law.