1 The only question, which falls for determination, of the Full court is :-

Whether, the majority view taken by Full Bench of this court in Ramzan Darzi & ors. versus Mst. Azizi and ors. Cr. Reference Nos. 28 and 32 of 1976 and Cr. Revision Nos. 4 and 208 of 1975, needs reconsideration ?

2 The petitioner herein, filed ah application under section 145 Cr. P. C., before Judicial Magistrate Magam in respect of some land. The Magistrate, being unable to come to any conclusion, as to who was in actual possession of the subject of dispute, took recourse to section 146 Cr. P. C., and forwarded the record of the proceeding to Munsiff Magam for returning a finding on possession. In the meantime, it appears, section 145, 146, 147 and 148 Cr. P. C. were amended vide The Code of Criminal Procedure (Amendment) Ordinance1973 (NO: VI of 1973) and later on replaced by Act No. 11 of 1974. One of the consequences of these amendments was, that disputes pertaining to land as defined in the J & K Agrarian Reform Act. 1972 were made exclusively triable by either the District Magistrate or an Executive Magistrate of the 1st class. The civil court returned its finding to the judicial Magistrate