C J M DODA Vs. MEMO

JUDGEMENT

(1.) ORDER :- The posts of Munsiff District Mobile Magistrates were created at the District Head Quarters other than the Districts of Srinagar and Jammu. For the purpose Munsiffs with powers of District Mobile Magistrate were appointed at the Head Quarters of these Districts in J and K. These Munsiff Judicial Magistrates were conferred the powers of Special Judicial Magistrates in respect of cases arising under the Motor Vehicles Act of 1939 with regard to cases arising within their local areas. The Munsiff District Mobile Magistrate Doda was one such Court invested with powers to try cases under Motor Vehicles Act as a Special Judicial Magistrate. Notification 38 of 1987 was issued on 21st of January, 1987 by the Government in consultation with High Court pursuant to provisions of Section 14 of Cr. Procedure Code. After the Munsiff Mobile Magistrate was in place as such Special Judicial Magistrate, he addressed communication 127 dt. 3-7-87 to Chief Judicial Magistrate Doda complaining that the cases pending in the Courts of Batote, Ramban and Banihal within his local jurisdiction, may be transferred on the file of Munsiff District Mobile Magistrate (Traffic) Doda and the Traffic Officers/personnel may be asked to produce all cases arising under Motor Vehicles Act within District Doda in the Court of Munsiff District Mobile Magistrate (Traffic) Doda. Acting on this communication the then sub-Judge Chief Judicial Magistrate Doda sought information from the Courts of Sub-Judge Batote and Ramban and Munsiff Banihal. After receiving the lists and other informations of the cases all those cases were transferred to Munsiff District Mobile Magistrate (Traffic) Doda. While passing directions thereto the Chief Judicial Magistrate Doda has made observations that the Traffic Cases which have been tried by the Sub-Judges Batote and Ramban and Munsiff Banihal, have been decided and tried against law in so far as none of the three Magistrates has any jurisdiction to decide those cases. While making this observation the then CJM also remarked that he is neither deciding nor passing any order thereto whether the matters disposed of by these Magistrates were decided within or beyond jurisdiction. The copy of order when forwarded to Registrar, same has been referred to the Court on judicial side.

(2.) Matter is quite old and assistance of parties is not available despite opportunities to concerned, but on the request of Court Mr. M. I. Qadri, SAAG assisted the Court. He was heard. Record perused.

(3.) The matter is admittedly covered by Motor Vehicles Act of 1939. The only provision prescribing jurisdiction of the Court for trial of offences under Motor Vehicles Act is Section 132 which reads as under :-