MANOHAR LAL (DR.) Vs. STATE AND ANOTHER

JUDGEMENT

(1.) Petitioner has invoked the jurisdiction of this Court under the provisions of Section 561-A of the Code of Criminal Procedure (for short, Cr.P.C.) for quashing order dated 12.03.2005 passed by the Judicial Magistrate, 1st Class, Billawar, or, in the alternative, judgment and order dated 06.03.2012 passed by this Court in Cr. Rev. No. 87/2005, on the grounds taken in the petition.

(2.) The case of the petitioner is that the Magistrate, who had issued the show cause notice while making the judgment and order dated 12.03.2005 in FIR No. 46/2000, Police Station Billawar, has the power to pass appropriate orders in terms of Section 250 Cr.P.C. Thus, the proceedings conducted and the order passed by this Court in Cr. Rev. No. 87/2005 are not in accordance with the judgment made by the Supreme Court in case Nandkumar Krishnarao Navgire v. Jagannath Laxman Kushalkar, 1999 CrLJ 5022.

(3.) Mr. Salathia argued that the same Magistrate, who had issued the show cause notice in terms of Section 250 Cr.P.C., has the power to examine and make the order; his successor or any other Magistrate has no such jurisdiction.