This case originally came up before one of us, but regard being had to the divergence of opinion amongst the different High Courts on the point of law involved in this case, it was referred to a Division Bench and has been heard by the Division Bench.

The facts giving rise to the petition are that one Sultan Dar instituted a complaint under Ss. 447, 427 and 506 of the RPC against the respondents, Mohd. Sharif & others before the ADM Srinagar on 29-5-61. The case was transferred to the court of the First Additional Munsiff Magistrate Srinagar. The allegations made in the complaint were that there was a joint land belonging to the complainant and his brother, Ali Dar, which was in their possession and upon which they had planted certain trees. The accused mentioned in the complaint trespassed on this land and felled down certain trees planted on this plot of land by the complainant Sultan Dar and his brother and thereby caused mischief. After examining the complainant and one witness process under Ss. 447/427 was issued against the accused mentioned in the complaint. When the case was going on, an application was presented on 12-3-61 by Ali Dar, brother of Sultan Dar comp