G R BISNOI Vs. A R KHADAR

JUDGEMENT

(1.) PETITIONER has filed this petition seeking quashing of proceedings, initiated against him by Judicial Magistrate, 1st Class, Sub-Judge, Samba on respondent's complaint wherein he had been accused of committing offence punishable under Section 228 of the Ranbir Penal Code, in that, while appearing as defense counsel, Lt. Col. (Retd.) G. R. Bishnoi, the petitioner had passed derogatory remarks against all the members of the Court including the Senior Member and Judge Advocate, and while acting rudely, shouting furiously during the course of the proceedings, he had questioned the very integrity of the Court. He had, despite caution having been sounded to him several times during the proceedings, refused to carry out the orders of the Court.

(2.) PETITIONER's learned counsel Sh. Arora submitted that respondent's complaint was not maintainable because before filing the complaint, the respondent had not complied with the provisions of Rule 150 of the Army rules in holding the preliminary inquiry which the Rule mandated as a pre-requi-site for filing the complaint. The process is-sued by the learned Magistrate being illegal is thus required to be quashed, says the learned counsel.

(3.) PER contra, Sh. Tashi Rabstan, learned central Government Standing Counsel submitted that Rule 150 of the Army Rules is not mandatory in character and even in the absence of the preliminary inquiry contemplated by Rule 150 of the Army Rules, learned Magistrate would continue to have jurisdiction to take cognizance of the offence which had been clearly made out by the respondent in his complaint.