IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

Reserved on: 24.05.2022

Pronounced on: 27.06.2022

CRMC No.197/2013

MUHSTAQ AHMAD MIR & ORS

... PETITIONER(S)

Through: - Mr. M. A. Qayoom, Advocate

with Mr. Shafaqat Nazir, Advocate.

Vs.

MST. KHATIJJA

…RESPONDENT(S)

Through: - Mr. G. A. Lone, Advocate

with Mr. Mir Majid Bashir, Advocate.

CORAM:

HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1)

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

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CRMC No. 197/2013

situated at New Colony, Sopore and when the same was objected