S. BALBIR SINGH Vs. ISHAR DASS

JUDGEMENT

(1.) Two petitions under section 561-A Code of Criminal Procedure -- one by Shri S. Balbir Singh, Advocate, District Court Kathua and another by S/Shri Basant Singh and others came to be filed on 27.12.2006 and 13.5.2009 respectively, to seek quashment of order of Learned Chief Judicial Magistrate dated 19th December 2006, whereby Learned Chief Judicial Magistrate in exercise of powers under section 156(3) Cr.P.C, on a complaint presented by Shri Isher Das son of Late Anant Ram resident of Chhan Lal Din Tehsil Hiranagar, District Kathua, directed SHO P/S Crime Branch Jammu to register a case and investigate the matter, alleged in the complaint.

(2.) As inherent jurisdiction of the Court under section 561-A Cr.P.C. in both the petitions, is invoked on similar grounds and subject matter of both the petitions is the order dated 19.12.2006, passed by Learned Chief Judicial Magistrate, Kathua, in exercise of powers under section 156(3) Cr.P.C, the petitions are taken up together. The petition filed by Shri S.Balbir Singh and registered as 561-A No. 144/2006, stands admitted vide order dated 17th July 2008. The petition -- 561-A No. 76/2009 is also admitted to hearing. Mr. Shukla, appearing for the respondent -- Shri Ishar Dass in both the petitions, accepts post admission notice in Petition -- 561-A No. 76/2009.

(3.) The petitions, accordingly on consensus are taken up for final disposal.