AB REHMAN Vs. STATE OF J&K

JUDGEMENT

(1.) DURING course of submissions, it transpired that in a contempt petition, purporting to have been instituted before Sub Judge at Kargil, the learned Sub Judge, while directing SHO concerned under section 156 (3) Cr.PC to register a case against petitioners herein under appropriate sections of RPC, also asked him to investigate the matter, whereafter a case under FIR No. 75 of 2005 under sections 447 of RPC was registered against petitioner. Aggrieved thereby the petitioner seeks quashment of order dated 10.12.2005 passed by Sub Judge, Kargil, on the ground that learned trial Judge travelled not only beyond his powers but also the relief prayed for in the application because while acting on civil side he had no authority to exercise his powers as a Judicial Magistrate under section 156(3) of Cr.P.C.

(2.) ON the face of it, the ground pleaded appears to be misconceived because the exercise of magisterial power cannot be compartmentalized in time or space zoons, nor can the subordinate Judges be assumed to have dual personalities on civil and criminal side so that one get eclipsed by other. A Magistrate has all the powers vested in him under law at all the times irrespective of what is the nature of job he performs at a particular time. Accepting anything to the contrary would result in unmanageable complications, which would in turn effect, the process of the administration of justice.

(3.) ACCORDINGLY , the petition is dismissed.