AJAZ AHMAD DOBI Vs. STATE

JUDGEMENT

(1.) The instant reference has been made by Learned Chief Judicial Magistrate, Pulwama, vide his order dated 08.07.2020 passed in the case titled Ajaz Ahmad Dobi and another Vs. State through Police Station, Pulwama. According to the learned Magistrate, some serious and complicated interests of general public are involved regarding which orders and directions are required to be issued which are not within his competence. Accordingly, he has made a reference to this Court for necessary directions.

(2.) Before coming to the merits of the instant reference, let me give a brief background of the facts of the case.

(3.) A perusal of the record of the Court below reveals that Ajaz Ahmad Dobi and another, who were booked by Police Station, Pulwama, in FIR No.126/2020 for offences under Section 505(i)B and 153 IPC, approached the Court of Chief Judicial Magistrate, Pulwama, seeking bail in their favour. The application of the accused was declined by the learned Chief Judicial Magistrate vide his order dated 17.06.2020. The learned Magistrate, while dismissing the bail application of the accused, made the following observations: