Court : Jammu and Kashmir
Reported in : 1964CriLJ37
ORDERJ.N. Bhat, J.1. One Meraj-ud-Din put in an application Under Sections 145/107 of the Criminal P. C. against two persons, Pir Maqbool Shah and Pir Ghulam Shah, with regard to some land along with trees and walls and stones and bricks on this land marked as A, B, C and D in the site plan attached, without specifying the place where this property' was situate. He further stated that the fathers of the applicant and the non-applicants the real brothers and all the property of the three brothers was jointly owned and possessed. While the applicant was a minor, his father died, and out of this property jointly owned and jointly possessed the non-applicants were removing certain trees and stones and getting the timber which was on the plot of land. This, according to the applicant, was likely to endanger public peace. He praved that proceedings Under Sections 145/107, Criminal P. C. be taken against the non-applicants.2. This application was heard by the City Magistrate Srinagar in whose...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1963CriLJ621
ORDERJ.N. Bhat, J.1. These persons, Faqirulla Khan, Ghularn Hassan Shah and Ghulaoi Haider Shah put in an application f before the Sub-Inspector Police station Bijhama on 29-8-61 against six persons stating therein that Ibrahim Khan had illicit connection with the wives of Hatim and Nassantlla who lived in the same Mohalla as the applicants. The applicants, according to the application, told Ibrahim Khan repeatedly that he should not carry on such illegal activities in their vicinity, which infuriated Ibrahim Khan, who along with the other five non-applicants threatened their lives and property. The applicants therefore prayed the Police Sub-Inspector to take action against the non-applicants to prevent a breach of the peace.2. The Station House Officer Police station Bijhama prosecuted the six non-applicants under Section 107/151 Criminal P. C. in the Court of the Tehsildar Magistrate first class Uri.3. The case was presented before the Tehsildar Magistrate on 26-9-61 who adjourned it...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1965CriLJ698
ORDERJ.N. Bhat, J.1. The facts giving rise to tills criminal reference by the learned Addl. sessions Judge Jammu are that one Ramdas put in application under Sections 145/147 of the Criminal P.C. with respect to 11 Kanals and 2 marlas of land in survey No. 641/63 in village Mitra guna Tehsil Ramban. The allegation of Ramdas was that me non-applicants 1 to 3 in the petition had taken forcible possession of the land and had threatened to do away with. Ramdas if he in any way interfered with their possession.2. The trial Court of the Munsiff Magistrate first class Ramban after recording the statement of me applicant Ramdas ordered as follows:The statement of the applicant has been recorded and the copy of the Girdawari records has teen perused, it appears that the applicant has apprehension of a breach of peace from the non-applicants with respect to survey No. 641/63. Notice under Section 145(1) of the Criminal P.C. be issued to the non-applicants requiring them to appear either In perso...
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