FAQUIR CHAND Vs. TALIB HUSSAIN
LAWS(J&K)-2010-3-16
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 05,2010

FAQUIR CHAND Appellant
VERSUS
TALIB HUSSAIN Respondents

JUDGEMENT

- (1.)This revision petition is preferred against order dated 22.12.2006, passed by the learned Additional Sessions Judge Reasi.
(2.)The dispute in this revision petition relates to the power of the Magistrate under Section 145 Cr. P.C. It is contended that while initiating proceedings under Section 145 Cr.P.C, no preliminary order has been drawn by the Magistrate concerned.
(3.)In order to analyze the controversy involved, it be seen that an application was filed before the Sub Divisional Magistrate; Reasi for initiating proceedings under Section 145 Cr. PC. On receipt of the application, summons were issued to non-applicants to file their objections. Objections were filed by the non-applicants.
After filing of the objections, the Magistrate recorded satisfaction with regard to the existence of the dispute regarding possession of the property and arrived at a conclusion that there is likelihood of the breach of the peace. He proceeded in the matter by drawing preliminary order under Section 145Cr.P.C.



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