GH. HASSAN BHAT Vs. GH. HASSAN GORSI

JUDGEMENT

(1.) This is a petition under Section 561-A of Code of Criminal Procedure for quashment of order of Learned Additional Sessions Judge, Anantnag in a Revision Petition titled "Ghulam Hassan Gorsi v. Ghulam Hassan Bhat" dated 20th May 2009, whereby Revisional Court set aside order of Learned Judicial Magistrate (Ist Class) Anantnag taking cognizance of offence punishable under Section 379 Ranbir Penal Code in a complaint titled "Ghulam Hassan Bhat v. Ghulam. Hassan Gorsi", directing issuance of process against the Respondent/accused and also temporarily releasing seized property (Tractor) on superdnama in favour of Petitioner/complainant.

(2.) The facts necessary for disposal of the present petition may be summarized, in the first instance:

(3.) The Learned Chief Judicial Magistrate, on receipt of the complaint and after recording statement of the Petitioner/complainant and one Shri Mohammad Khalil Dar, a witness accompanying the complainant, decided to defer issuance of process against the Respondent/accused and instead decided to get the veracity of the complaint ascertained through an inquiry. Accordingly, in terms of Section 202 Code of Criminal Procedure an inquiry was directed in the matter by Station House Officer Police Station Anantnag.