The learned Sessions Judge Srinagar has made this reference with the recommendation that the entire proceedings under Ss. 145/107 Criminal P. C. launched by Ghulam Mohi-ud-Din against Ali Bagban and others before the A D.M Srinagar be quashed.

It appears that an application under Ss.145/107 Crim. P C. was presented by the said Ghulam Mohi-ud-Din before the A.D.M Srinagar wherein he named correctly Ali Bagban and his son Ghulam Mohd. Bagban The parentage of a few other non-applicants was not mentioned in the application. The application stated that Ghulam Mohi-ud-Din was the owner of a three storied building (which contained a shop) situate at Safakadal. Ali Bagban was the tenant of this shop but he had surrendered his tenancy a few days earlier. Later on two days prior to the presentation of the application all the non-applicants took forcible possession of the shop which created a danger to public peace. It was prayed that proceedings under Ss. 107/145 Criminal P. C be taken against the non-applicants. A separate application for attachment of this shop was presented to the court on the same day, i.e. 14-1-63. Some clerk in the A.D.Ms Court recorded the statement of the applicant Gh

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