RATTAN LAL Vs. MAHESHWAR SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 25 -3 -1997 passed by the learned Sub Registrar, Judicial Magistrate 1st class, Jammu whereby he has allowed the production of the duplicate affidavits (the originals whereof stood already produced on the record). The production was allowed at the final stage of the case when the case was posted for hearing the arguments. The order was challenged by filing revision petition before the learned Sessions Judge, Jammu who transferred the same for adjudication to the learned 1st Addl. Sessions Judge, Jammu who vide his order dated 21 -4 -1997 concurred with the findings of the trial court and held that there was no illegality in the order and that the trial Magistrate had ample powers to cause production of these duplicate affidavits under sub -clause (9) of Section 145 Cr.P.C.

(2.) THESE orders have been challenged herein on the ground that they go against the ratio of the judgment of this court which was given in the case of Bashir Ahmed Bhat Vs. Gh. Qadir Mir (1980 KLJ 16).

(3.) HEARD the arguments.