Criminal Miscellaneous petition challenging an order of cognizance and issued process. Held that mere issuance of process is not enough to quash. Petition dismissed as devoid of merit.
Petition dismissed; interim directions vacated; copy sent to Magistrate.
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Serial No. 203 After Notice List
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
(Through Virtual Mode)
CRMC No. 262/2014
Din Mohd & Ors.
….. Petitioner(s)
Through: - None. V/s
Rashidan Begum & Ors.
….. Respondent(s)
Through: - None.
CORAM:
Hon’ble Mr Justice Ali Mohammad Magrey, Judge.
(ORDER)
11.11.2020
By medium of this petition, the petitioners/ accused have assailed the validity of order dated 11th of July, 2014, as passed by the learned Judicial Magistrate, Billawar on the complaint filed by the respondent No.1 herein, in terms whereof process has been issued against the petitioners/ accused and proforma respondents.
Upon perusal of the pleadings on record, what emerges is that mere process issued by the learned Magistrate has formed a ground for the accused/ petitioners to approach this Court and seek quashing of the order of cognizance issued by the learned Magistrate on the complaint filed by the respondent No.1 herein. It is also discernible from the perusal of the pleadings that the learned Magistrate, after recording statement in terms of the mandate of Criminal Procedure Code; having regard to the material available on record; and on strict adherence to the law/ procedure governing the subject, has passed the order impugned.
Apart from the above, Hon’ble the Supreme Court has, in a catena of decisions, deprecated the interference by the High Court in exercise of its inherent powers under Section 482 of the Code of Criminal Procedure in a routine manner. It has been consistently held by the Apex Court of the country that the power under Section 482 of the Code of Criminal Procedure must be exercised sparingly with circumspection and in rarest of rare cases. In other words, the inherent power of the Court under Section 482 of the Code of Criminal Procedure can be invoked by the High Court: (i) to prevent abuse of process of Court; (ii) to secure the ends of justice; and (iii) to prevent miscarriage of justice. In the case on hand, the process issued by the learned Magistrate has neither amounted to abuse of the process of Court, nor has it caused any miscarriage of justice.
In view of the above, this petition is found to be devoid of any merit. It entails dismissal and is, accordingly, dismissed alongwith all connected CrlM(s). Interim directions, if any subsisting as on date, shall stand vacated.
Registry to send a copy of this order to the trial Magistrate for proceeding in the matter in accordance with law.
(Ali Mohammad Magrey) Judge JAMMU November 11th , 2020 “TAHIR”
TAHIR MANZOOR BHAT 2020.11.11 13:11 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the issuance of process by the Magistrate warrants quashing of the order of cognizance under Section 482 CrPC.
Din Mohd & Ors.
Rashidan Begum & Ors.
Ali Mohammad Magrey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
