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Judgment
Sanjay Dhar, J
1) The petitioner has challenged order dated 31.08.2012 passed by learned Additional District Judge, Srinagar, whereby the learned Judge has rejected the plea of the petitioner for conducting further enquiry in a matter relating to an incident alleged to have taken place on 09.04.2010 in the Court of 1st Additional District Judge, Srinagar.
2) It appears that the petitioner was pursuing a case in the Court of 1st Additional District Judge, Srinagar, and on 09.04.2009, as per the version of the petitioner, on the directions of the learned Presiding Officer, the petitioner was sent to judicial lock-up by a policeman on duty over there. According to the petitioner, he was kept in judicial lockup for one and a half hour, whereafter, on 10.04.2010, he is stated to have moved an application before the learned Presiding Officer, who marked the same to Additional Public Prosecutor with a direction to enquire into the matter and to submit the report.
3) It appears that Additional Public Prosecutor has made a report dated 18.03.2011 and the case pertaining to the issue was transferred to Additional District Judge, Srinagar. It is in these circumstances that the learned Additional District Judge, Srinagar, has passed the impugned order, whereby he has, after going through the enquiry report submitted by Additional Public Prosecutor, concluded that the matter does not warrant any fresh enquiry. It is pertinent to mention here that the Additional Public Prosecutor had, in his report dated 18.03.2011 submitted that the complaint filed by the petitioner is not based upon facts.
4) I have heard the petitioner and perused the material on record.
5) The petitioner has filed the instant petition by invoking the provisions contained in Section 561-A of the J&K Cr. P. C. A perusal of the impugned order shows that the same has been passed by the Presiding Officer in his capacity as Additional District Judge, Srinagar, and not in his capacity as a Criminal Court. The first page of the impugned order clearly indicates that the complaint of the petitioner has been registered as a civil complaint. Therefore, invoking powers of this Court under the provisions of 561-A of J&K Cr. P. C is misplaced and misconceived. The petition deserves to be dismissed on this ground alone and is dismissed as such. The petitioner is at liberty to avail appropriate remedy as may be available to him under law.
6) The trial court record along with a copy of this order be sent back.