1. This is a petition under section 561-A of Code of Criminal Procedure for quashment of order of Learned Additional Sessions Judge, Anantnag in a Revision Petition titled "Ghulam Hassan Gorsi v. Ghulam Hassan Bhat" dated 20th May 2009, whereby Revisional Court set aside order of Learned Judicial Magistrate (Ist Class) Anantnag taking cognizance of offence punishable under section 379 Ranbir Penal Code in a complaint titled "Ghulam Hassan Bhat v. Ghulam. Hassan Gorsi", directing issuance of process against the respondent/ accused and also temporarily releasing seized property (Tractor) on superdnama in favour of petitioner/complainant.

2. The facts necessary for disposal of the present petition may be summarized, in the first instance:-

The petitioner/complainant on 18th of March 2009 filed a complaint in the court of Chief Judicial Magistrate, Anantnag, alleging therein that his Tractor bearing Registration No.JK02A/7760 was intercepted by the respondent/accused at Batingoo on Bijbehara- Anantnag road and forcibly taken away from the possession of petitioner/complainants son Shri Javid Ahmad Bhat, who at the time of occurrence, was driving the vehicle in question. The petitioner/com

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