Excelsior Correspondent
JAMMU, Nov 23: High Court of J&K and Ladakh quashed the orders passed by Judicial Magistrate (Additional Munsiff) Samba.
After going through the case, Justice M.A Chowdhary of High Court of J&K and Ladakh at Jammu stated that in view of the order drawn by the Magistrate whereby, the petitioner’s application was dismissed for non-prosecution, it has nowhere been stated that the cognizable offences were not made out.
Justice M.A Chowdhary stated that on consideration of the matter, both the orders passed by the Magistrate are not sustainable on the touchstone on the law laid down by the Apex Court in Lalita Kumari’s case (Supra), the impugned orders are thus quashed and the SHO Vijaypur Police Station is directed to register a case based on the complaint, moved by the petitioner herein and investigate the matter.
The petitioner Bharti Pathyal through advocate Deepak Mahajan had sought from the High Court quashment of orders dated 22-6-2022 and 22-7-2022 passed by the Court of Judicial Magistrate (Additional Munsiff) Samba, whereby firstly, the application under section 156(3) CrPC was moved by the petitioner herein was sent to ascertain the veracity of the allegations to the concerned police and on filing of the report, the application was dismissed in default.
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