MOHD RAFIQ MIR Vs. GHULAM MUSTAFA KHAN

JUDGEMENT

(1.) This is a motion for the admission of a criminal revision directed against the order dt. 9-12-1986 passed by the learned Judicial Magistrate First Class (Sub Registrar), Srinagar, rejecting an application of the petitioner for summoning of some witnesses on his behalf in the proceedings taken under S. 145 of the Cr. P.C., and also against the order dt. 26-12-1986 passed by the learned Sessions Judge, Srinagar, dismissing the revision petition filed by the petitioner against the order of the learned Magistrate as mentioned above.

(2.) It appears, that on the application of the petitioner proceedings u/s 145 Cr. P.C. have been taken by the learned Enquiry Magistrate against the respondent in respect of a shop belonging to the Municipality, Srinagar. The said shop was somewhere in, 1971, or even before that allotted by the Srinagar Municipality to one Sona Ullah Bhat, who entered into partnership with the petitioner for running some business in that shop somewhere in, 1972, the said partnership got dissolved. The petitioner claims himself to be in possession of the said shop since then. On the other hand, the respondent also claims to be in possession of the said shop since then. The parties have filed the relevant documents as also affidavits of the witnesses in the court of the learned Enquiry Magistrate and the case was ripe for final hearing. In the meanwhile, the petitioner filed as application for summoning of some witnesses which was rejected by the learned Magistrate by virtue of the impugned order. The revision against that order also came to be rejected by the learned Sessions Judge. Hence, this revision.

(3.) The record was examined and the learned counsel for the parties were also heard on the admission of this revision.