AMMA BHAT Vs. SULTAN DAR
LAWS(J&K)-1982-9-12
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 03,1982

Amma Bhat Appellant
VERSUS
Sultan Dar Respondents

JUDGEMENT

- (1.) BY means of an order dated 29 -1 -1981 the Additional District Magistrate, Badgam, transferred a case inter parties under Section 145 Cr. P. C. pending in the court of the Tehsildar, Executive Magistrate 1st class, Chadura, to the court of the Tehsildar Executive Magistrate, Ist class, Badgam. The petitioners have challenged the order as also the subsequent proceedings taken by the Tehsildar Executive Magistrate First Class, Badgam, as being void, illegel, and without jurisdiction and prayed that the same may be quashed.
(2.) THE Additional District Magistrate has no power under law to transfer a case from one Executive Magistrate to another Executive Magistrate. Consequently the order passed by the Addl. District Magistrate, Badgam, on 29 -1 -1981, is without jurisdiction and so also the subsequent proceedings taken by the Tehsildar Executive Magistrate 1st class, Badgam, inasmuch as, these proceedings draw their authority from the order of the Addl. District Magistrate, which is without jurisdiction. Following this petition, I hereby quash the order of the Addl. District Magistrate, Badgam mentioned above, as also the subsequent proceedings taken by the Tehsildar Executive Magistrate 1st Class Badgam. The case is transferred back to the Tehsildar Executive Magistrate 1st Class, Chadure, who will deal with the case from the stage at which the order of transfer was made. The parties are directed to appear before the Tehsildar, Executive Magistrate 1st class, Chadura, on 15th of September, 1982.;


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