1. Maintainability of the petition is questioned by the counsel for the respondents in view of the bar contained in Section 435 (3) of Cr.P.C. In support of his contention reliance has been placed on AIR 1977 SC 2185, AIR 1993 SC 1361. Controverting the submission of learned counsel for petitioner has relied on judgment reported in AIR 2006 SC 1937, (1997) 4 SCC 241.

2. Considered the rival submissions. Basically, proceedings initiated in terms of Section 145 Cr.P.C. by the Judicial Magistrate, Ist Class, Kangan, culminated in passing the order dated 04.09.2006 by virtue thereof, Gh.Mohd. Sheikh respondent no.2 herein has been held entitled to hold possession of the property in dispute covered under Survey No. 427 i.e land measuring one kanal and one marla situated at Main Bazar, Kangan. Aggrieved thereof, revision petition filed, has been disposed of by 3rd Additional Sessions Judge, Srinagar vide order dated 26.12.2006. Order of the Magistrate has been upheld. Aggrieved of the same, instant petition in terms of 561-A Cr.P.C has been filed. The question which arises for consideration is as to whether petition under Section 561-A Cr.P.C. can lie when as per Section 435 (3) Cr.P.C, n

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