MANMOHAN SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) INHERENT powers arising out of Section 561 -A Criminal Procedure Code have been invoked by the petitioner so as to get the proceedings, pertaining to the offence punishable under Section 498 -A Ranbir Penal Code pending before the Munsif, Judicial Magistrate 1st class R.S. Pura quashed.

(2.) INVESTIGATION report in respect of FIR No. 280 of 1995 Police Station R.S. Pura came to be filed in the Magistrates court at R.S. Pura on 23.12.1995. Learned Magistrate took cognizance of the matter and issued process for securing attendance of the accused, who were alleged to have subjected the informant, Smt. Sapinder Kour wife of accused Manmohan Singh to cruelty within the meaning of the term assigned to it u/s 498 -A R.P.C.

(3.) THE record reveals that it was at the bidding of the informant that the trial of the case was shifted from the court of Judicial Magistrate (Munsif) R.S. Pura, to the court of Judicial Magistrate (Munsif) at Bishnah. The order of shifting the venue of the trial of the case came to be assailed in a revision motion before the learned Sessions Judge, Jammu.