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2022 Supreme(J&K) 184

Muhstaq Ahmad Mir – Appellant
Versus
Khatijja – Respondent


Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. M. A. Qayoom, Advocate with Mr. Shafaqat Nazir, Advocate
For the Respondent(s):Mr. G. A. Lone, Advocate with Mr. Mir Majid Bashir, Advocate

Judgment :

The petitioners have challenged orders dated 28.03.2012 and 15.06.2012 passed by the Chief Judicial Magistrate, Sopore (hereinafter referred to as the trial Magistrate) as also order dated 01.10.2013 passed by the Principal Sessions Judge, Baramulla (hereinafter referred to as the Revisional Court).

2. It appears that predecessor-in-interest of the respondents, Mst. Khatija, had approached the trial Magistrate by way of an application under Section 145 of the J&K Cr.P.C alleging therein that on 17.02.2012 the petitioners herein had forcibly trespassed into the property bearing Plot No.28 (40x80) under Survey No.13/1-min situated at New Colony, Sopore and when the same was objected to by Mst. Khatija and her relatives, the petitioners herein dragged and thrashed her. On the basis of these assertions, it was pleaded that there is imminent chance of breach of peace and, as such, proceedings under Section 145 of the Cr. P. C be initiated against the petitioners herein. It was claimed by the predecessor-in-interest of the respondents before the trial Magistrate that the property in question (residential house) was allotted by the Housing Department of Jammu and Kashmir Governme

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