CHHANGANI, J.—This is a revision by Abdul Gafoor and seven others and is directed against the order of Shri N.N. Bhatnagar, Magistrate First Class, No. 2, Jaipur City dated 22.1.1959 passed in a proceeding under sec. 145 Cr.P.C. and maintained by Shri P. L. Agarwal, Additional Sessions Judge, Jaipur City dated 11.6.1959 in the exercise of revisional jurisdiction.

2. The facts briefly stated are as follows:—

That there exists a Durgah known as Hazrat Amani Shah Sahib out-side Chandpole Bazar near Nallah Amani Shah in the City of Jaipur. It is not in dispute that Abdul Waheed son of Hazi Karim Bux, Rasta Jailalji Jaipur who was opposite party No. 1 in the original proceedings under sec. 145 Cr.P.C. along with others had been managing the affairs and property attached to the said Dargah since long and had been exercising their powers of management peacefully until the present dispute. In October, 1957 the petitioners who were opposite parties No. 2 & 3 in the original proceedings under sec. 145 Cr.P.C., raised a controversy over the proper management of the Dargah and its property. Their claim is that the Dargah has been in the exclusive management of Hejum Farosh of the Chandpole Bazar and Abdul Waheed along with others, was merely managing the Dargah on behalf of the "Hejum Farosh." They claim a right to constitute and reconstitute managing committees for the Dargah. In the year 1957 they found that the management of Abdul Waheed and others was not satisfactory and therefore, thought of substituting a proper management for the Dargah property. Abdul Waheed opposite party No. 1 disputed the claim of the opposite parties No. 2 & 3 asserted on behalf of the "Hejum Farosh" and claimed that he along with others was managing the Dargah on behalf of the entire Muslim community of the Jaipur City and that the opposite parties No. 2 & 3 have no business to interfere with their management. On 20.11.1957 opposite parties No. 2 & 3 and their supporters held a meeting and set up a committee for drawing up a constitution for the management of the said Dargah and appointed Mohammed Shafi as its Chairman. It may be mentioned here that Abdul Gafoor was the Joint Secretary of the Managing Committee." He, however, had his differences with the managing committee and joined the parties No. 2 & 3 and placed his resignation from the office of the Joint Secretary, at their disposal. His resignation was accepted by the opposite parties vide resolution dated 20.11.1957. Abdul Waheed did not accept as binding the resolution passed at a meeting organised by the opposite parties No. 2 & 3. He thought of having a mandate from the Muslims of Jaipur in general. It appears that at his instance a general meeting of the Muslims of Jaipur including Hejum Farosh was convened on 24.11.1957 which resolved that the existing management should continue. Thereafter steps for amicable settlement by negotiations or through arbitration were taken but they did not succeed. On 27.5.1957, the opposite parties No. 2& 3 at a meeting adopted a constitution for constituting a managing committee and also constituted a managing committee. On 28.5.1958, the opposite parties no. 2 & 3 accompanied by a large number of persons went to the said Dargah and in the absence of Abdulwaheed took forcible and wrong ful possession of its properties. Abdulwaheed was at Sikar on that day. On his return from Sikar, on 29.5.58, Abdulwaheed wanted to report the matter to the police but some respectable persons offered intervention and this delayed the submission of report by Abdul Waheed, in the police. Further efforts of compromise having failed a report was eventually lodged on 2.6.1958. The Police after inquiry applied to the City Magistrate for taking proceedings under Sec. 145 Cr.P.C. against opposite parties No.1 & 2 only. A preliminary order was passed on 22.7.1958 and the opposite parties No. 1 & 2 were called to file their replies on 29.7.1958. During the course of the proceedings some person

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