NISAR ALI Vs. MOHD SHAFI DAR

JUDGEMENT

(1.) THE inherent jurisdiction of this court is sought to be invoked to correct the error found in the judgment of this court dated: 20.08.1999 rendered in case Dr.Nissar Ali vs. Dr.Mohammad Shaft Dar. The facts relevant for the purpose are these: -

(2.) A complaint under section 500 Ranbir Penal Code was filed by Dr. Mohammad Shafi Dar against Dr. Nissar Ali and one M.Y. Bhat. The City Magistrate, Srinagar vide order dated: 31.07.1998 took cognizance of the offence and issued process against Dr. Nissar Ali. The court dismissed the complaint against M.Y. Bhat.

(3.) DR . Nissar Ali challenged the order of taking cognizance and sought quashing of the proceedings under Section 561 -A of Code of Criminal Procedure on the ground that no offence was disclosed against him and also that in the absence of sanction u/s 197 Cr.P.C. the Magistrate could not have taken cognizance.