RAGHUNANDAN BAKSHI Vs. BIDI CHAND

JUDGEMENT

(1.) ORDER :- Through the medium of this petition quashing of order dated 1-12-94 passed by the learned Sessions Judge, Jammu whereby he recalled the record of two Revision Petitions titled Bidi Chand v. Raghunandan Bakshi from the. Court of learned Additional Sessions Judge, Jammu to his own file and then on 10-12-94 he stayed the operation of the order passed by the latter is sought by pleading that these orders were passed without any jurisdiction.

(2.) The factual matrix of the case lies in a narrow compass and is to the effect that on 26-11-94 in the absence of learned Sessions Judge, Jammu, learned Additional Sessions Judge, Jammu was incharge as Sessions Judge, and revision petitions in question i.e. No. 105/94 and 106/94 (titled Bidi Chand v. Raghunandan Bakshi) were filed against the orders dated 26-6-92 and 19-11-94 passed by the learned Additional District Magistrate, Jammu u/S. 145 Cr. P.C. and he transferred the same to his own file i.e. to the file of Additional Sessions Judge, Jammu. He issued the notice to the other side after registering the revisions petitions in his record. The record of the subordinate Magistrate was also called.

(3.) On 1-12-94 respondent herein namely, Bidi Chand made an application before the learned Sessions Judge, Jammu for transferring the above stated revision petitions to his own Court from the file of learned Additional Sessions Judge, Jammu. Learned Sessions Judge, Jammu without issuing the notice to the petitioners herein recalled the revision petitions in question to his own file and passed the impugned order on 10-12-1994 whereby the operation of the impugned orders in the revision petitions were stayed.