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1990 Supreme(All) 754

S.R.BHARGAVA
ASHFAQ HUSSAIN – Appellant
Versus
ENTRAM HUSSAIN – Respondent


Advocates Appeared:
G.P.MATHUR, PREM CHANDRA, S.Afsar Ali, S.K.Varma, VIJENDRA SINGH

S. R. BHARGAVA, J.


( 1 ) THIS revision is directed against revisional order, passed by Additional Sessions Judge, Budaun, allowing revision against order u/s. 146 (1) Cr. P. C. and quashing orders u/s. 145 (1) and 146 Cr. P. C. and quashing the entire proceedings.

( 2 ) REVISIONIST Ashfaq Hussain moved application u/s. 145 Cr. P. C. in respect of plot, situate in Kusha Ujhani, District Budaun. On the said plot Ziaratganj Bux, Mosque and Musafir Khana are noted in the record of Sunni Central Waqf Board. SDM Budaun felt satisfied on the police report dated 18/06/1989 that there is dispute between the applecant Ashfaq Hussain and opposite parties of the application Lal Mool Chand. Entram Husain and as a consequence of dispute there is apprehension of breach of peace. Hence on 4/07/1989 he issued preliminary order u/s. 145 (1 ). On 7/07/1989 on being satisfied that there was imminent danger of breach of peace, he issued order for attachment u/s. 146 (1 ).

( 3 ) OPPOSITE party No. 1 to this revison Entram Husain filed revision before the Sessions Judge against aforesaid order u/s. 146 (1 ). This revision was entertained. Municipal Boards, Ujhani (Opp. party No. 3 of this revision) sought








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