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| Magistrate has no competence to judge his own complaint: HC | | | Early Times Reporter
Jammu | July 2
Justice JP Singh of J&K High Court Jammu Wing in a significant judgment has observed that magistrate as the facts eloquently demonstrate has become the judge of his own case. He had thus no jurisdictional competence to judge his complaint as to whether or not any case for issuance of process had been made out against the accused on the basis of his own complaint.
This significant judgment passed in a petition filed by Mohd Rafiq and Ors Vs Mohan Lal and Ors in which the petitioners sought quashment of order of September 2, 2004 passed by Judicial Magistrate (Munsiff) Sunderbani convicting and sentencing petitioners Mohd Rafiq and Ajay Pal Singh to fine Rs 500 under 120-B RPC and Rs 5000 under 167 RPC each and in default of payment of fine simple imprisonment for one month u/s 120-B RPC and six months u/s 167 RPC.
The petition filed through Adv Surinder Kour submitted that the Magistrate had neither given any opportunity to the petitioners to project their defense nor to prove that the land which had been stated to be within the Municipal Area, in fact was located outside the notified area. Projecting violation of law said that Magistrate had acted with bias by becoming judge in his own case. |
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