AB REHMAN Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JANDK
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(1.) DURING course of submissions, it transpired that in a contempt petition, purporting to have been instituted before Sub Judge at Kargil,
the learned Sub Judge, while directing SHO concerned under section 156
(3) Cr.PC to register a case against petitioners herein under appropriate
sections of RPC, also asked him to investigate the matter, whereafter a
case under FIR No. 75 of 2005 under sections 447 of RPC was registered
against petitioner. Aggrieved thereby the petitioner seeks quashment of
order dated 10.12.2005 passed by Sub Judge, Kargil, on the ground that
learned trial Judge travelled not only beyond his powers but also the
relief prayed for in the application because while acting on civil side
he had no authority to exercise his powers as a Judicial Magistrate under
section 156(3) of Cr.P.C.
(2.) ON the face of it, the ground pleaded appears to be misconceived because the exercise of magisterial power cannot be
compartmentalized in time or space zoons, nor can the subordinate Judges
be assumed to have dual personalities on civil and criminal side so that
one get eclipsed by other. A Magistrate has all the powers vested in him
under law at all the times irrespective of what is the nature of job he
performs at a particular time. Accepting anything to the contrary would
result in unmanageable complications, which would in turn effect, the
process of the administration of justice.
(3.) ACCORDINGLY , the petition is dismissed.;
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