Disposed

Md. Idrish v. Md. Sanaullah and Ors.

Patna HC9 Sept 2013CWJC/17422/2012

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition concerning an order calling for records of a complaint case. The Court held that jurisdiction to call records exists without an application, negating the need to examine CPC compliance, but directed that records be returned to the Magistrate within one month to avoid delay.

What did the court decide?

Writ petition disposed. No remedy granted. Records directed to be returned to the Judicial Magistrate within one month.

Md. Idrish Vs Md. Sanaullah and Ors. — Execution and Attachment | Patna HC (2013)

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Patna High Court CWJC No.17422 of 2012 (2) dt.09-09-2013

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	IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17422 of 2012 ======================================================
	1. Md. Idrish S/O Late Abdul Aziz R/O Village & P.O.-Mathurapur, P.S.- Turkauliya, Distt-East Champaran
	.... .... Petitioner/s Versus 1. Md. Sanaullah 2. Md. Azimullah 3. Md. Maziuliah All sons of Md. Sagir Ahmad R/O Village & P.O.-Mathurapur, P.S.-Turkauliya, Distt-East Champaran. .... .... Respondent/s
	====================================================== Appearance : For the Petitioner/s : Mr. Madhurendra Kumar For the Respondent/s : None. ======================================================
	CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
2	09-09-2013 The petitioner is aggrieved by order dated 20.6.2012
	passed in Title Suit No. 386 of 2008 by the learned Sub Judge IV,
	Motihari, East Champaran, whereby the court below has allowed
	the application dated 19.5.2012 filed by respondent nos. 2 to 4,
	who were plaintiffs in the court below, and called for the records
	of Complaint Case no. 264 of 2009.It appears that the respondent
	nos. 2 to 4, who were plaintiffs before the court below filed the
	certified copy of the records of Complaint Case no. 264 of 2009
	for them to be exhibited. They also filed an application for calling
	for the records of the said Complaint Case no.264 of 2009 for the
	purpose of comparing the certified copy with the original records
	of Complaint Case no.264 of 2009 pending in the Court of learned

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Patna High Court CWJC No.17422 of 2012 (2) dt.09-09-2013

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Judicial Magistrate, 1^st Class.

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Submission by learned counsel for the petitioner is two fold; firstly, he submits that the application for calling for the records of Complaint Case filed before the court below should not have been entertained as it was not supported by an affidavit and thus there was non-compliance of the provisions as contained in Order 13, Rule 10 (2) of the Code of Civil Procedure. He further submits that the respondents filed an application for calling for the original records of Complaint Case, which has been filed by the petitioner, in order to delay the proceedings of the complaint case.

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So far as the first contention is concerned, I am of the opinion that as such power is vested in the court below even without any application and therefore such illegality, even if assumed need not be looked into by this Court in exercise of power under Article 227 of the Constitution of India.

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So far as second contention is concerned that in view of calling for the records of Complaint Case no.264 of 2009 the proceedings before the Judicial Magistrate Ist Class will be delayed, I observe that the court below shall return the records of Complaint Case no. 264 of 2009 to the Court of Judicial Magistrate, 1^st Class as early as possible, if the same has not

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Patna High Court CWJC No.17422 of 2012 (2) dt.09-09-2013

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already been sent back to the court concerned. Unless there is some exceptional situation, the records of Complaint Case no. 2694of 2009 should be sent to the concerned court within a period of one month from the date of receipt/production of a copy of this order.

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With the aforesaid observations and directions, the writ petition stands disposed of.

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(Chakradhari Sharan Singh, J)

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singh/-

Md. Idrish v. Md. Sanaullah and Ors.

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Md. Idrish v. Md. Sanaullah and Ors.

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