1. This is a Reference made by learned Additional Sessions Judge, Reasi recommending quashment of an order recorded by Judicial Magistrate, Reasi on 31st of January, 2004, whereunder he discharged the accused/respondents of offences under sections 447-A/147-R.P.C. Respondent™s counsel while opposing acceptance of the Reference contends that impugned order of trial Magistrate was perfectly well placed in circumstances of the case.

2. I have heard learned counsel, gone through the records and considered the matter. It appears that on 28-12-2003, the concerned police instituted a case against accused/respondents under section-447/147-R.P.C. with allegations that they were trespassing over State land under Survey nos. 409, 405, 358 and 341 situate at Tanda Tehsil Reasi despite concerned Tehsildar™s eviction orders under section-133 of Land Revenue Act passed in respect thereof, at whose behest the case had been registered. Materials submitted alongwith police case, include, Site-map of the concerned land alongwith statements purported to have been recorded u/s 161, Cr.P.C during the course of investigation etc. From date of institution till 13th of January, 2004, matter continued to be

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