GULAM MOHI UD DIN WANI Vs. MEHRI

JUDGEMENT

(1.) The respondent-wife of the petitioner No.1 filed a complaint against him, her father and brothers petitioners herein under section 380 RPC in the court of Rub. Judge Judicial Magistrate, Baramulla who after recording her statement referred the case to the police station concerned under sec. 202 Cr. P.C. with a direction to submit the report on or before 17/1/1985. Aggrieved by the order of the learned magistrate dated 30-7-1985 this petition has been filed quashing the same allegedly on the ground that it was passed in contravention of the provisions of Criminal Procedure Code.

(2.) According to the petitioners the complaint filed by the respondent does not disclose the commission of any offence under section 380 R. P.C. and the complaint ex-facie disclosed dispute between husband and wife with regard to which a civil suit is alleged to be pending in a competent court. It is submitted that in view of the pendency of the civil suit, the complaint was not maintainable. It is submitted that the magistrate passed the order impugned completely in contravention of the provisions of sec. 202 Cr. P.C. According to the petitioners the trial magistrate was not justified in referring the complaint to the police concerned under section 202 Cr, P C. after recording its satisfaction regarding the commission of offence of theft with respect to the property mentioned therein. It is alleged that once the satisfaction was recorded by the court the matter was to be tried by the magistrate who was under an obligation to issue the process and could not have referred the case to the police in terms of Sec. 202 Cr. P.C. The proceedings are alleged to have caused great miscarriage of justice and the same being without jurisdiction are liable to be quashed.

(3.) I have heard the learned counsel for the parties and have perused the record.