Jammu and Kashmir Court August 1979 Judgments

Brij Lal Chakoo, Etc. Vs. Abdul Ahad Nishati and ors. Etc.

Court: Jammu and Kashmir

Reported in: 1980CriLJ89

Mian Jalal-ud-Din, C.J.1. These three revisions petitions raise a common question of law as regards the interpretation of Section 435(4-a) of the Code of Criminal Procedure as amended by Act No. XXXVII of 1978.2. In criminal revision No. 28 of 1979, Brij Lai Chakoo versus Abdul Ahad Nishati, the Court of the City Magistrate Srinagar, has initiated proceedings under Section 145 Cr. P. C. in respect of one single storeyed house with attic and land measuring six kanals appurtenant thereto situate at Gupt Ganga, Nishat Srinagar, and after drawing up the preliminary order as envisaged by Section 145(1) of Cr. P. C. has also proceeded to attach the subject matter of the dispute under proviso to Section 145(4) Cr. P. C. In the revision before us the petitioner has challenged the legality of the order of the magistrate both under Section 145(1) and proviso to Section 145(4) Cr. P. C. In the other two cases namely revisions Nos. 34 and 41 of 1979, viz. Raheman Malik and Ors. v. Ghulam Nabi Mir ...