Jammu and Kashmir Court June 1971 Judgments
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Khizar Bhat Vs. State
Court: Jammu and Kashmir
Decided on: Jun-14-1971
Reported in: 1972CriLJ125
ORDERMian Jalaluddin, J.1. This revision arises out of proceedings initiated under Section 145. Criminal Procedure Code by the Chief Judicial Magistrate, Srinagar in case State v. Khizar Bhat.2. On an application made by Peer Abdul Ahad Shah and on the basis of the police report that there was a dispute between Pir Abdul Ahad Shah (hereinafter called 'the first party') and Khazir Bhat and others (hereinafter called 'the second party') with regard to the possession over a plot of land No. 9-A situate at Batmalu Srinagar and that there existed great apprehension of breach of peace, the Chief Judicial Magistrate drew up the preliminary order under Section 145, Criminal Procedure Code and called upon the respective parties to out in their written statements, documents and affidavits with regard to the factum of actual possession of the disputed land. The Magistrate also thought it as a case of emergency and therefore attached the subject matter of dispute. On consideration of the respectiv...
Harnam Singh Vs. the State of Jammu and Kashmir
Court: Jammu and Kashmir
Decided on: Jun-11-1971
Reported in: 1972CriLJ87
Jaswant Singh, J.1. This is an application under Section 491 of the Code of Criminal Procedure for issue of a writ in the nature of habeas corpus.2. From the affidavit filed on behalf of the State by Shri I. D. Gupta. I. A. S., District Magistrate, Rajouri. it appears that in exercise of the powers conferred on him under Section 3 (2) of the Jammu and Kashmir Preventive Detention Act. 1964, he passed an order on March '19. 1970, directing the detention of the petitioner with a view to prevent the latter from acting in a manner prejudicial to the security of the State. On the submission by him of the report regarding the aforesaid detention and the grounds thereof as required by Section 3 (3) of the Act the Government vide its order ISD 212 dated April 9. 1970. approved the said detention order. Alone with the aforesaid order of detention, the District Magistrate also passed an order directing that the petitioner be informed that it was against public interest to disclose to him the gro...
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