BISHAN DASS Vs. SUSHMA DEVI

JUDGEMENT

(1.) Petitioner invokes inherent jurisdiction of this Court under section 561-A Cr.P.C. for quashing the order passed by the learned 2nd Additional Sessions Judge, Jammu dated 16.08.2016 on file No.35/Rev titled Bishan Dass v. Sushma Kumari to the extent the said order provides for return of the petition under section 488 Cr.P.C., 1973 and for present the same before the Court of competent jurisdiction.

(2.) Facts giving rise to filing of this petition briefly stated are that the parties to the petition are husband and wife. In order unnecessary harass the petitioner; a petition under Section 488 Cr.P.C., 1973 on wrong and concocted facts came to be filed in the Court of Chief Judicial Magistrate, Jammu by showing the address of the respondent herein as at present residents of House of Shori Lal Kunjwani Bye-Pass near Army Camp Jammu. It is stated that the learned 3rd Additional Munsiff, Jammu instead of dismissing the application under section 488 Cr.P.C., 1973 along with connected CMPs allowed the application for interim relief vide order dated 16.01.2016.

(3.) Aggrieved by the order dated 16.01.2016, the petitioner preferred a criminal revision in terms of Section 435 Cr.P.C., 1973 before the Principal Sessions Judge, Jammu which came to be assigned to the learned 2nd Additional Sessions Judge, Jammu, who stayed the operation of the order dated 16.01.2016 subject to deposit of Rs. 54000/-vide order dated 16.08.2016. The order with regard to deposit of Rs. 54,000/- was complied by the petitioner. The operative part of the order is as under: