PEERZADA GHULAM AHMED SHAH Vs. O K KAPOOR DY REGISTRAR RULES

JUDGEMENT

(1.) - The petitioner seeks quashing of the criminal proceedings initiated against him and four others by the Chief Judicial Magistrate, Janlmu on a complaint filed by the Deputy Registrar of the High Court. By order dated 16-10-98 the Chief Judicial Magistrate issued process u/s 120-B, 447-A, 448, 454, 380 RPC against the petitioner whereas process under Sections 406 and 409 RPC in addition to the above sections was issued against four others who are non-petitioners No.2 to 5.

(2.) It is a peculiar case where the High Court had to file a criminal complaint against the officers including the Minister incharge of the Estate. Facts disclosed in the petition are that House No.6. Wazarad Road. Jammu was placed at the disposal of the Chief Justice for being allotted to Judges from time to time. The house remained in possession of Mr. Justice B.A. Khan since 1990 till his Lordship was transferred to Madhya Pradesh in the year 1997. After the house was vacated, it was occupied by his Lordship Mr. Justice T.S. Doabia who shifted to House NO.2. Ved Mandir, New Plots. In the months of June-July. 1998. After this, the house remained in possession of the court officer of the High Court.

(3.) When on 13-10-1998 Shri Tariq Ahmed Buch, court officer visited the house, he found the lock broken. On enquiry he was informed by the persons occupying the same that the house is in possession of the petitioner whose family was staying there. It was further found by the court officer that the occupant damaged and misappropriated the costly items belonging to the High Court with criminal intention to cause harm and loss to the High Court after hatching a criminal conspiracy. It is further alleged that accused Nos. 2. 3 and 4 had put accused NO.1 in possession of the house thereby dispossessing the High Court forcibly. According to the complainant certain items like sofa sets, air conditioners law books including telephone apparatus were lying in the house at the time Doabia, J. shifted to Ved Mandir. It was on the basis of these allegations that the process was issued under various sections.