(1.) ORDER :- Rule seems to have been issued by Hon'ble Nazki J. as his Lordship while inspecting the Court of Judicial Magistrate, Tangmarg came across this file and was of the opinion that after perusal of the file, there were some material facts which were not taken into consideration while passing the order/Judgment in the case. Furthermore his Lordship has observed that even the Magistrate has not recorded the statement of accused under Section 342, Cr. P.C. before passing the judgment in the matter. In this backdrop, his Lordship has issued the rule against the accused to appear and show why appropriate orders in the matter in exercise of the revisional powers vested in this Court be not passed.
(2.) In response to the rule, the accused has appeared along with his counsel Mr. Kawoosa.
(3.) Mr. Kawoosa has argued at length that recording of statement of the accused under Section 342, Cr. P.C. is not mandatory and it is only to be recorded by the trial Magistrate to ask accused to explain the circumstances which appear in evidence against him, before the accused is asked to adduce/lead defence. He has further submitted that as because there is nothing incriminating existing against the accused in the evidence recorded against him by the trial Magistrate, so there was no necessity of recording his statement.