MASHQOOR AHMED Vs. MOHAMMAD BABBAR MALIK

JUDGEMENT

(1.) This reference made by the learned Addl. Sessions Judge Ramban is directed against the orders passed by Judicial Magistrates (Sub-Judge and Munsiff) Batote, whereby they have refused to take cognizance of the offence and returned the complaint to the petitioner.

(2.) Perused the reference order and the record of the case. Perusal of the record reveals that on 7-3-2002 one Dr. Mashqoor Ahmed Mir, Physician Specialist posted in S.K.M. Hospital Batote came to present a complaint for offences under Sections 500 and 501, R.P.C.; firstly before learned sub-Judge, Judicial Magistrate Batote, who on the same day came to return it to the complainant for presenting it before some other Court on the ground that the complainant-doctor is personally known to her. The complainant feeling desperate approached Munsiff, Judicial Magistrate, Batote who also in the like manner came to return it to the learned counsel for the complainant Mr. P.B. Katoch for presenting it before some other forum on the ground that she is unable to try it because of his personal reasons, to the effect that he has decided a case against the said doctor for an offence under Section 279 of the Motors Vehicles Act on his confession.

(3.) This is a case of extreme escapism on the part of both the learned Judicial Magistrate Batote, especially the Sub-Judge, who is a senior Judicial Officer.