HAJI GOLAM HOSSAIN Vs. ABDUR RAHMAN MUNSHI

JUDGEMENT

(1.) This appeal by special leave is directed raglans the order of the High Court Division in Writ Petition 435 of 1985.

(2.) Leave was granted to consider the question whether the High Court Division was justified in rejecting the petition under Article 102 of the Constitution and thereby denying any remedy to the appellant.

(3.) Facts arc as follows: The appellant was the first party in a proceeding under section 145 Cr.P.C. The respondents were second parties. The learned Magistrate was of the opinion that there was an apprehension of the breach of peace, so he drew up an order under section 144 Cr.P.C. on 26.11.79. Subsequently this proceeding was converted into proceeding under 145 Cr.P.C. and the disputed property was attached and the Circle Officer was appointed as receiver. Both the parties adduced their respective evidence and the learned Magistrate by order dated 27.2.82 found the appellant in possession and accordingly vacated the order of attachment etc. As against this order, the respondents filed Criminal Motion No. 9 of 1984 under section 439A of the Code of Criminal Procedure. The learned Assistant Sessions Judge, who was deemed to be an Additional Sessions Judge, after hearing the parties, set aside the judgment and order of the Magistrate by judgment and order dated 18.9.85.