NISAR AHMAD NENGROO Vs. KHALIDA
HIGH COURT OF JAMMU AND KASHMIR
Nisar Ahmad Nengroo
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(1.) THIS petition impugns an order dated 14.03.2005 purporting to have been passed by Chief Judicial Magistrate, Shopian in proceedings under
Section 488 Cr. P. C. captioned as Mst Khalida and others v. Nisar Ahmad
Nengroo wherein the learned Magistrate while allowing respondents
maintenance petition has directed payment of Rs. 1000/ - to first
petitioner and Rs.500/ - each to petitioners 2 to 7 on account of monthly
maintenance with effect from the date of institution of the petition i.e.
14.02.2004. Grounds pleaded are that the impugned order of maintenance is bad in fact and law for the reason of having been passed without
appreciating the evidence led before the learned Magistrate.
(2.) IN their objections respondents have inter alia pleaded that petitioner has projected a tailored case in the revision petition against
the impugned order which in facts and circumstances of the case is well
founded particularly because petitioner has deserted respondents to shift
from his ancestral place of living to Srinagar and contracted a second
marriage totally giving up his liability to bring up the respondents.
During course of their submissions the counsel for rival sides have
re -iterated contents of their written pleadings.
(3.) VIDE interim order dated 23.12.2005 petitioner was directed to deposit 2/3rd of the amount due for payment in terms of the impugned
order on account whereof as per note of Registry petitioner appears to
have paid in cash and kind an amount of around Rs. 65,000/ - while as his
total liability as calculated is Rs. 96,000/ - and thus apparently the
interim direction appears to have been carried out.
I have heard learned counsel and considered the matter. Curiously enough the petitioner has chosen to institute this petition in
this Court instead of concerned Sessions court which ordinarily would be
the (sic) proper revisional court in the first instance without, however,
giving any cogent reason for that. This circumstance necessitates the
reference to an observation of this Court in its order dated 07.03.2006
passed in Criminal Revision Petition No. 118/2005 whereunder while
considering this aspect the following observation was made: -
Before concluding, however, it would be appropriate to observe that the present revision petition which arises out of an order of Judicial Magistrate, Anantnag could and perhaps should well have been instituted in the Sessions Court at Anantnag where respondents would find it easy to prosecute their case rather than in this Court which must have put them to greater inconvenience and expenditure. That the revision petition has been instituted in this Court instead of concerned Sessions Court perhaps appears to have been occasioned by the fact that petitioner resides at Srinagar and instead of going to prosecute the revision petition at Anantnag he choose to drag the respondents all the way from Pahalgam to Srinagar, which even though permissible in view of the concurrency of revisional jurisdiction of this Court and the court of Sessions can perhaps not be approved in attending realities of the case. Given that it would perhaps be advisable that as a matter of practice institution of revision petitions against Magisterial orders be restricted to courts of Sessions, which besides being convenient for the parties would also be in the interests of proceedings because being nearer to ground realities the court of Sessions can ascertain facts and circumstances of a particular case more clearly, and if necessary from parties directly and in suitable cases try negotiated settlements also."
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