MOHAMMAD JAMEEL KASANA Vs. ZAFFAR AHMAD SHAH

JUDGEMENT

(1.) The petitioner has challenged the complaint filed by the respondent against him alleging commission of offence under Sec. 379 RPC, which is pending before the Court of Special Mobile Magistrate (Sub Judge), Anantnag (hereinafter referred to as the trial Magistrate). Challenge has also been thrown to order dtd. 9/2/2017 passed by the learned trial Magistrate whereby process has been issued against the petitioner on the basis of the aforesaid complaint. The petitioner has also challenged order dtd. 26/2/2018 passed by Additional Sessions Judge, Anantnag, whereby revision petition filed against the aforesaid order of the learned trial Magistrate has been dismissed.

(2.) It appears that respondent/complainant had filed a complaint before the learned trial Magistrate alleging therein that he is the attorney holder of the vehicle bearing registration No. JK01Q-7383 and that the Power of Attorney in his favour has been executed by the petitioner/accused on 12/5/2015. It was averred in the complaint that due to turmoil in Kashmir Valley in July-August, 2016, the complainant could not deposit the loan amount with the bank and in the month of October, 2016, when he had parked his vehicle at Wazir Bagh Anantnag, the petitioner/accused took away the said vehicle, thereby committing the offence of theft. It was further averred that when the respondent/complainant asked the petitioner to deliver back the vehicle, he refused to do so and instead used abusive language against him.

(3.) After recording the preliminary evidence, the learned trial Magistrate referred the complaint to SHO, P/S Saddar Anantnag, for conducting enquiry in terms of Sec. 202 of the Cr.P.C. Upon receipt of the report of the enquiry, learned trial Magistrate passed a detailed order dtd. 9/2/2017, wherein he recorded his satisfaction that, prima facie, offence punishable under Sec. 379 RPC is disclosed against the petitioner/accused and, accordingly, process was issued against him.