SHOWKAT AHMAD DAR Vs. GHULAM MOHAMMAD DANGROO

JUDGEMENT

(1.) These are two petitions filed by one and the same petitioner, invoking the inherent power of the Court under Sec. 561-A Cr. P. C. In first of the two petitions, viz. 561-A Cr. P. C. No. 130/2015, the petitioner is seeking to set aside order dated 27.04.2015 whereby the learned 1st Additional Sessions Judge, Srinagar, partly allowing a Criminal Revision, set aside the orders dated 12.11.2014 and 31.12.2015 of the learned Judicial Magistrate, 1st Class (3rd Addl. Munsiff), Srinagar, to the extent directions had been issued thereby for seizure of vehicle bearing Registration No. JK04B-7444. In the second petition, the petitioner is seeking quashing of the proceedings initiated by the respondent herein and pending before the learned Judicial Magistrate (Sub-Registrar), Srinagar, under Sec. 138 read with section 142 of Negotiable Instruments Act, 1881.

(2.) So far as the petition No. 130/2015 is concerned, the facts, in brief, may be narrated. The petitioner filed a criminal complaint alleging that while he was driving his car, bearing registration No. JK04B-7444, he was kidnapped by the respondent with the aid and assistance of some unidentified persons from Lal Chowk, and was taken to some unknown place where he was kept confined for several days. He alleged that, while being in confinement, the respondent along with his associates made him to sign some cheques of his cheque book which was illegally snatched away by the respondent from his possession which was lying in the Car, as also some documents. Thereafter, the respondent and his associates boarded him in the car and threw him at Lal Chowk during late hours and fled away along with the car. According to the petitioner, though he approached the Police concerned for lodging of FIR against the accused but the Police asked him to approach the court. The petitioner, accordingly, filed the aforesaid complaint against the respondent under Sections 365, 323, 341, 386 and 506 RPC.

(3.) The learned Judicial Magistrate, 1st Class (3rd Addl. Munsiff), Srinagar, postponed the issue of process and directed an investigation to be made by SHO Police Station concerned. On receipt of report of Police Chowki, Nehru Park, and after going through it, the learned Judicial Magistrate, recorded its opinion that there exist sufficient grounds for proceeding against the alleged accused for the commission of offences under Sections 341, 385 and 506 RPC took cognizance of the said offences and directed issue of process against the respondent. By the same order, the learned Judicial Magistrate ordered that "in the meantime Incharge Police Post Nehru Park is directed to seize the vehicle bearing registration No.JK04B-7444 till further orders". Similar directed was repeated on 31.12.2014 directing the SDPO concerned to seize the vehicle as and when it was traced.