JALAL-UD-DIN Vs. SHAHZADA BANO

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Chief Judicial Magistrate, Srinagar, dated 13th March. 1974, whereby he has affirmed the order of the Judicial Magistrate (Sub -Registrar) Srinagar dated 25th April 1973 ordering the issuance of search warrant under section 96 of the Criminal Procedure Code.

(2.) A complaint under sections 348, 347 and 392 RPC was filed before the Judicial Magistrate (Sub Registrar) Srinagar by one Mst. Shahzada Bano. A prayer was made for the issuance of search warrant under section 96 Cr. P.C. before the trial Magistrate, and the learned Magistrate vide his order dated 25th April, 1973 issued a search warrant.

(3.) I have heard the learned counsel for the parties, and have perused the records. In my opinion this revision petition must succeed on the ground that the order of the learned Magistrate whereby the issuance of search warrant was directed does not contain any reason therefore. It is an accepted principle of law that the function for issuance of search warrant is a judicial function, and it, therefore, follows that it is highly desirable for the courts to give reasons in support of their order so that the courts of appeal or revision are in a position to examine whether there has been a proper exercise of the discretion by the court or the discretion has been exercised arbitrarily. The order of the learned Magistrate dated 25th April, 1973 is a cryptic order, and is almost telegraphic. No reasons whatsoever have been assigned by the Magistrate as to why he thought fit to order the issue of the search warrant. It was incumbent on him to have given the reasons which led to his satisfaction. No reasons are apparent on the record. Failure to state reasons could lead to the inference that exercise of discretion was perhaps arbitrary and not based on well recognised principles. That by itself is a ground for setting aside the order. Appearing on behalf of the respondent, Mr. Hussain has frankly conceded that the order does not contain sufficient reasons and the same is therefore not sustainable.