| Jammu, Aug 26: In a much publicized "Slap Case" in which then Minister of State for Home Sajad Ahmed Kichloo allegedly slapped the Chief Executive Officer Kishtwar Development Authority, following which, Chief Judicial Magistrate Kishtwar had directed the SHO Kishtwar to register an FIR and proceed in accordance with law. Against this order SHO Police station Kishtwar had filed a revision petition in the Court of Principal Sessions Judge Kishtwar. Principal Sessions Judge Kishtwar Pawan Dev Kotwal after hearing the Public Prosecutor R K Goswami observed that in the present revision petition, the direction u/s 156 (3) CrPC is passed by the CJM which is impugned through the present petition and since clear law has been laid by Full Bench of Allahabad High Court, on questioning arising out of present petition, the judgments squarely applied in the present case. Public Prosecutor was unable to refer any other judgment of Apex Court or even our own High Court laying down law otherwise than laid by Full Bench of the Allahabad High Court, nor Court could laid on any such judgment. Therefore there is no option expect rely on the judgment of Allahabad Full Court. The Court further observed that in view of the discussion made and ratio of Full Court judgment of Allahabad High Court as referred, impugned order is interlocutory and not amenable to revisional jurisdiction and as such present petition is not maintainable and is liable to be dismissed and dismissed the same. (JNF) |
