(1.) Petitioner has challenged order dtd. 20/11/2021 passed by learned Judicial Magistrate 1st Class (Judge Small Causes) Srinagar, whereby, the learned Magistrate has, on the basis of a complaint made by the respondent herein against the petitioner, issued a direction to the SHO of the concerned Police Station to conduct preliminary investigation in the matter and to submit compliance report.
(2.) Petitioner has primarily raised two contentions while challenging the impugned order passed by the learned Magistrate. One, that transaction between the petitioner and the respondent is purely of a civil nature and in-fact a civil litigation, regarding the subject matter of the complaint, was also going on between the parties and, as such, the learned Magistrate should not have issued the impugned direction. Second contention raised by the petitioner is, that the respondent, prior to making a complaint before the learned Magistrate, did not approach the concerned SHO or the SSP and, as such, the learned Magistrate, while entertaining the complaint of the respondent, has not followed the guidelines of the Supreme Court issued in case titled Priyanka Srivastava and Anr. v State of UP and Ors.
(3.) Mr. Hilal Ahamd Wani, Advocate has appeared on behalf of the respondent at the motion stage itself.