MOHAMMAD RAJAB BAIGH Vs. GHULAM MOHD BHAT

JUDGEMENT

(1.) This application under Section 561-A Cr. PC has been filed against an order passed by this Court on 14-3-1991 in 561-A Cr. PC proceedings titled Ghulam Mohd Bhat v. Mohd Rajab Baigh (22/89). To dispose of the matter properly, I propose to give brief facts which have given rise to this application under Section 561-A Cr. PC.

(2.) The petitioner in these proceedings appears to have lodged a complaint before the trial Magistrate regarding theft of vehicle Matador No. 1356-JKE. The trial Magistrate, appears to have issued orders under Section 202 Cr. PC for enquiry by the concerned police station. A report appears to have been submitted to the Magistrate, who considered the report of the police and disposed of the complaint in accordance with Section 203 Cr. PC. The petitioner, feeling aggrieved of the order, filed a revision petition before the revisional Court. The revisional Court (III Additional Sessions Judge, Srinagar), after hearing the parties, setaside the order and issued a direction to the trial Magistrate to make fresh enquiry. At this event the respondent herein got aggrieved and he filed an application under Section 561-A Cr. PC before this Court for quashing the order of the revisional court. This Court issued notice to the parties. The petitioner in this petition despite having appeared, did not choose to appear in the hearing stage, resulting in an ex parte order in the application under Section 561-A Cr. PC restoring the order passed by the trial Magistrate dismissing the complaint under Section 203 Cr. PC. After some time, the petitioner again rose his head before this Court and has filed these proceedings under Section 561-A Cr. PC for quashing or in alternative, reviewing the order passed by this court in ex parte on application under Section 561-A Cr. PC filed by the respondent. It is this way that the matter has come up for hearing before the Court.

(3.) I have heard learned counsel for both the parties.