Jammu and Kashmir Court October 1964 Judgments

Ali Bagban and ors. Vs. Gulam Mohi-ud-dIn Ahangar

Court: Jammu and Kashmir

Reported in: 1965CriLJ209

J.N. Bhat, J.1. The learned Sessions Judge Srinagar has made tills reference with the recommendation that the entire proceedings under Sections 145/107 Criminal P.C. launched by Ghulam Moh-ud-Din against Ali Bagban and others before the ADM Srinagar be quashed.2. It appears that an application under Sections 145/107 Criminal P.C. was presented by the said Uhulam Mohi-ud-Din before the ADM Srinagar wherein he named correctly Ail Bagban and his son Ghulam Mohd. Bagban. The parentage of a few other non-applicants was not mentioned in the application. The application stated that Ghulam Mohl-ud-Din was the owner of a three storeyed building (which contained a shop) situate at Safakadal. Ali Bagban was the tenant of this shop but he ' had surrendered his tenancy a few days earlier. Later on two days prior to the presentation of the application all the non-applicants took forcible possession of the shop which created a danger to public peace. It was prayed that proceeding under Sections 107/1...