SHAMAS-UD Vs. STATE OF J & K

JUDGEMENT

(1.) Proceedings initiated under Sec. 488 Cr. P. C on an application presented by respondent No.5 before learned Judicial Magistrate 1st Class, Kupwara, are sought to be quashed in terms of instant petition while being pleaded that:

(2.) Counsel appearing for the petitioner submits that since there is abuse of process of the Court, so the power under Sec. 561-A Cr. P. C is required to be exercised. It is being, however, conceded that the objections have been filed by the present petitioner before the trial court which are yet to be considered by the said Court and any finding thereon is yet to take place.

(3.) Viewing the matter in this backdrop, I am of the opinion that the power of this Court, in terms of Sec. 561-A Cr. P. C, cannot be invoked when the entire facts are hazy and the questions of fact raised by either of the parties, which necessitate the evidence to be produced before the trial court, are to be determined by the said Court. It needs to be underlined herein that the power under Sec. 561-A Cr. P. C are to be exercised very sparingly and in rarest of rare cases. For this, I am of the view that no good ground is made out for invoking power under Sec. 561-A Cr. P. C. The petition is held liable for dismissal and is, accordingly, dismissed. Petitioner may, however, avail appropriate remedy in case any ground is made out hereinafter on consideration of his objections by the learned trial court.