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2012 Supreme(J&K) 27

HASNAIN MASSODI
Abdul Gani Rather – Appellant
Versus
Fayaz Ahmad Khan & Ors. – Respondent


Advocates Appeared:
Mr. M. A. Qayoom, Advocate for the Petitioner.
Mr. N. A. Ronga, Advocate for the Respondents.

1. Challenge in this Criminal Revision petition is to the order dated 30.03.2002 passed by JMIC (Sub Registrar) Srinagar, in application under Section 145 Cr. P.C titled Abdul Gani Rather v. Fayaz Ahmad Khan and others (file No. 9/Misc), whereby learned Magistrate held Shri Fayaz Ahmad Khan in actual possession of disputed land measuring 1&1/2 Maria with a shed existing thereon, as on the date of preliminary order and directed Supradar (SHO) Police Station concerned to hand over possession of the disputed strip to Shri Fayaz Ahmad Khan respondent No. 1 before the Magistrate. Questioned in the revision petition is also the order of learned 4th Additional Sessions Judge, Srinagar in Criminal Revision titled Abdul Gani Rather v. Fayaz Ahmad Khan and others (file No. I/Rev), whereby learned Revisional Court has dismissed the Revision petition and upheld the order of JMIC (Sub Registrar) dated 30.03.2002.)

2. The Criminal Revision on hand arises in the following background.

3. The petitioner on 24.01.2001 approached learned Chief Judicial Magistrate, Srinagar with an application under Section 145 Cr. P. C. The application was transferred to JMIC (Sub Registrar), Srinagar for its disposal
















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