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1961 Supreme(All) 96

A.N.MULLA
MIRZA MOHD. AZIZ – Appellant
Versus
SAFDAR HUSAIN – Respondent


Advocates Appeared:
G.H.Naqvi, Ghulam Imam, Ram Chandra Sinha, Shanker Sahai

A. N. MULLA, J.

( 1 ) THIS is a criminal revision in a case under Section 145 of the Code of Criminal Procedure.

( 2 ) ONE Mirza Mohammad Aziz filed an application against Safdar Husain and Asghar Husain before the Deputy Superintendent of Police that they were threatening to take possession over a room in his house which was in his possession and this application was filed on the 19th July, 1959. The Deputy Superintendent of Police Lucknow sent it to a subordinate police officer who reported that there was an apprehension of a breach of the peace. This complaint was then forwarded to the Additional City Magistrate who took cognizance of it and passed a preliminary order on the 14th of November, 1959. The parties were then asked to file their affidavits and produce their documentary evidence and the Magistrate by his final order dated the 12tli January, 1961, handed over the disputed property to Safdar Husain and Asghar Husain and as the keys of the room were with one Nawab ghaznafar Ali Khan, he in order to facilitate the taking over of possession by Safdar Husain and asghar Husain directed that he should hand over the keys to Asghar Husain and Safdar Husain. Immediately after the












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