Neetu Bhagat And Ors vs Samitra Devi And Anr
2021 Latest Caselaw 820 j&K

                                                                      Sr. No. 107
                                                                     (Suppl. Cause list)

        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU
                                                    CRM(M) No. 413/2021
                                                    CrlM Nos. 1347/2021 &
                                                    1357/2021

Neetu Bhagat and ors.                                   .....Appellant(s)/Petitioner(s)
                        Through: Mr. Rakesh Chargotra, Advocate.
                  Vs

Samitra Devi and Anr.                                             ..... Respondent(s)
                        Through:

Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

                                        ORDER

05.08.2021

1. Petitioners have impugned the order dated 24.04.2021 passed by

the learned Munsiff, (JMIC), Bishnah, Jammu (hereinafter referred to as the

"Trial Court") in a criminal complaint titled, "Samitra Devi and Anr. Vs.

Neetu Bhagat and ors." for commission of offences under Sections 442, 341,

323 and 120-B IPC.

2. It is stated that while passing the order impugned, the learned Trial

Court has not derived its satisfaction with regard to the commission of offence

by the petitioners and the learned Trial Court in a mechanical manner has issued

the process against the petitioners.

3. A perusal of the record reveals that the complaint was filed on

23.04.2021 and the complainant had sought time for producing the witnesses.

The respondents submitted affidavit of complainants and two other witnesses

and the learned Trial Court vide impugned order after taking on record the

statement straightway issued the notices to the respondents.

4. Learned counsel for the petitioners vehemently argued that the

learned Trial Court has not complied with the mandate of Sections 200 and 204

Cr.P.C, as the learned Trial Court while issuing notices to the petitioners herein

has not recorded its satisfaction with regard to the commission of offences by

the petitioners.

5. There is substance in the submission made by the learned counsel for

the petitioners, as the learned Trial Court has nowhere reflected its satisfaction

with regard to the commission of the alleged offences by the petitioners. The

learned Trial Court has acted in utter disregard of the provisions of law, as also

the mandate of law laid down by the Hon'ble Supreme Court in case titled,

"M/s Pepsi Foods Ltd. & Anr. Vs. Special Judicial Magistrate & Ors.,

reported in 1997(9) Supreme 279". No fruitful purpose shall be served in

retaining the present petition on board and issuing notice to the respondents, as

even if the respondents are heard in the instant case, the result would be the

same. In view of this, this Court is of the considered opinion that the impugned

order is not sustainable in the eyes of law. The said order is, accordingly, set

aside. The learned Trial Court shall pass a fresh order in accordance with the

mandate of law, as laid down by the judgment (supra). The present petition is

partly allowed. This order shall not come in the way of the petitioners, in the

event, the learned Trial Court comes to the conclusion that the prima-facie

offence is made out against the petitioners. It is made clear that petitioners have

no right of audience before the Magistrate takes cognizance and issues process.

(Rajnesh Oswal) Judge Jammu 05.08.2021 Ram Krishan

Whether the order is speaking? Yes/No Whether the order is reportable? Yes/No RAM KRISHAN 2021.08.06 18:02 I attest to the accuracy and integrity of this document