GENERAL OFFICER COMMANDING Vs. STATE OF J&K

JUDGEMENT

(1.) THROUGH the medium of this petition quashing of order dated 18 -11 -1996 passed by the learned Chief Judicial Magistrate, Jammu is prayed. The petition is made under the provisions of section 561 -A Cr.P.C. By virtue of the said order the Magistrate committed the case (titled State V/s Shinder Singh, offence under section 302 RPC) to the court of learned Sessions Judge, Jammu and issued a direction for the production of respondent No.2 herein in the said court. Prayer in the alternative is made to the effect that said order may be quashed after exercising the revisional jurisdiction.

(2.) THE narration of the following facts for the disposal of the petition are necessary: - On 14 -8 -1996, FIR No. 15/96 was lodged in Police Station, Bari Brahmana wherein it was alleged that respondent No 2 herein had murdered J,C. 498271 Naib Subedar Najit Singh and No. 338005 Hav Hurdial Singh of 10 Sikh Regiment. The accused (respondent No.2) also serves in the said Regiment The Army Authorities haded over respondent No.2 in custody to the police for the purpose of carrying out the investigation which was completed and on 18 -11 -1996 final report was submitted in the court of learned Chief Judicial Magistrate, Jammu: In the report it was stated that respondent No. 2 had committed an offence under section 302 RPC.

(3.) IN this petition it is alleged that learned Chief Judicial Magistrate, Jammu has passed the impugned order in complete disregard and in contravention of the provisions of section 549 Cr.P.C. and the Rules made thereunder (J&K Criminal Courts and Court Martial Ad -justment of Jurisdiction Rules. 1983. which hereinafter are referred to as the Rules).