ALI SHEIKH Vs. AKBAR BAHAR

JUDGEMENT

(1.) ON 18-7-1973 the petitioner herein made a complaint under Sections 406/506 Ranbir P. C. before the City Judge, Judicial Magistrate First Class, Srinagar, who referred the same to the S, H. O. , Saddar Police Station, Srinagar, for investigation under Section 202 of the Code of Criminal Procedure (hereinafter referred to as the Code):

(2.) THE reference came up for hearing before the erstwhile Chief Justice who vide his order dated 28-9-1973 referred it to a Division Bench in view of the fact that it, inter alia, involved a substantial question of law regarding the interpretation of the provisions of Article 20 (3) of the Constitution, This is how the case is before us.

(3.) APPEARING in support of the reference, Mr. K. N, Raina has vehemently contended before us, as he did before the learned Chief Judicial Magistrate, that the impugned order could not be sustained as it had been passed in flagrant violation of the principles of natural justice. Mr. Raina has further reiterated that the trial Magistrate should not have passed the aforesaid order because if the accused is subsequently called upon to produce the property entrusted to him, he is likely to come forward with the plea that he cannot be compelled to do so in view of the provisions of Article 20 (3) of the Constitution.