STATE Vs. SURRENDER SINGH

JUDGEMENT

(1.) THIS petition is directed against the order of Special Mobile Magistrate, Passenger Tax, Srinagar dated 20 -4 -1988 so far as it directs payment of amount in installments. It is contended that the impugned order is passed in violation of provisions of law and is abuse of process of law. There is no provision in any of the provisions of law, with which the trial court was dealing with, to fix the instalments of amount of tax or the amount of penalty which is payable from the respondent. The learned Magistrate had no power to fix instalments under law. Under the Criminal Procedure Code he does not have inherent powers also to fix instalments about the amount which is recoverable from the respondent. He has passed the order in gross violation of law and the rules framed under the relevant law.

(2.) THE petition succeeds; the impugned order is quashed However instead of passing an order here, it is desirable that the case be remitted back to the Special Mobile Magistrate, Passenger Tax, Srinagar for passing fresh orders according to law keeping in view the observations of this court as also the provisions of law.

(3.) RESPONDENT is free to move any application before the said Magistrate with regard to the release of documents or any other matter. Same shall be considered by the Magistrate in presence of the other side and appropriate orders be passed thereon.