PROF ABDUL GANI BHAT Vs. MALIK SHABIR AHMED

JUDGEMENT

(1.) Petitioner, in person, has filed the instant petition, questioning the order passed by the learned Special Mobile Magistrate, PT & E, Srinagar, dated 2nd of July, 2012, in the complaint filed by him against Mr Malik Shabir Ahmad, the then 1 st Additional Munsiff (1 st Class Magistrate), Srinagar, under Section 499 of the RPC. The learned Special Mobile Magistrate, on recording the statement of the complainant and after thorough scanning of the complaint filed against a Judicial Magistrate, has recorded detailed reasons while dismissing the complaint as not 561-A No. 236/2012 Page 2 of 13 maintainable in view of the non-compliance of Section 197 of the Criminal Procedure Code (Cr. P.C.).

(2.) The learned trial Magistrate has quoted Sections 77 and 78 of the Ranbir Penal Code (RPC) as also Section 197 of the Criminal Procedure Code (Cr. P.C.) in the order which makes a reference to the judicial acts of the Judge recording orders not being an offence. Perusal of the records reveals that Mr Malik Shabir, the then 1 st Munsiff (1st Class Magistrate), Srinagar, had passed the order in a Robkar which was stated to be defamatory in nature, therefore, the complainant had filed the complaint before the Chief Judicial Magistrate, Srinagar, which was assigned to the Court of learned Special Mobile Magistrate PT & E, Srinagar.

(3.) The learned trial Magistrate, while extracting the relevant provisions of the Ranbir Penal Code (RPC) and the Criminal Procedure Code (Cr. P.C.), has arrived to a conclusion that the order passed by the respondent/ the then 1st Additional Munsiff (1st Class Magistrate), Srinagar, is passed while acting judicially, therefore, cannot constitute an offence, moreso, in view of the fact that no complaint can be filed and entertained against a judicial officer without getting the sanction from the Government under Section 197 of the Criminal Procedure Code (Cr. P.C.). It has been also observed by the learned trial Magistrate that no offence has been committed by the respondent/ Mr Malik Shabir Ahmad, the learned Magistrate (1st Additional Munsiff), Srinagar, as the order passed by him is covered under general exceptions under Sections 77 and 78 of the Ranbir Penal Code (RPC) as also there being no sanction under Section 197 of the Criminal Procedure Code (Cr. P.C.). The learned trial Magistrate has, while dismissing the complaint, recorded her displeasure with reference to the approach adopted by the complainant/ petitioner in filing a frivolous complaint, thereby hampering the judicial process. While making such observations, the learned trial Magistrate has issued a show cause notice to the complainant/ petitioner as to why he should not pay compensation to the person against whom he has filed the present complaint. In terms of the impugned order, the proceedings under Section 250 have been initiated against the petitioner which are questioned in the instant petition.