AI Structured Summary
Not yet generated for this judgment
Judgment
Ali Mohammad Magrey, J
In the instant petition, the petitioner prayed the following relief:
"i. Any writ, order or direction, for quashing and setting aside the complaint dated 01.08.2019 and also the subsequent proceedings undertaken on the behest of the aforesaid complaint filed by respondent no.2.
ii. Any writ, order or direction, directing respondent no.1 not to interfere with the life, liberty and official functioning of the petitioner.
iii. Any other writ, order or direction which has not been specifically prayed for but to which petitioner is found to be entitled may also be passed in favour of the petitioner and against the respondents."
Briefly stated the case of the petitioner is that he has filed a criminal complaint against the respondent no.3 before the Court of Ist. Addl Munsiff (JMIC) Srinagar, which is stated to be pending adjudication before the revisional court. It is submitted that to impair and hamper the judicial proceedings a complaint has been filed before the respondent no.1, who has started a full dressed trial into the alleged criminal conduct of the petitioner without any legal justification or authority of law.
It is submitted that the Ist. Addl Munsiff (JMIC) Srinagar passed an ex-parte order restraining ex-husband of respondent no.2 from resorting to any kind of domestic violence upon respondent no.3 and her children in a complaint filed under the provisions of Domestic Violence Act.
It is submitted that petitioner was unknown to the matrimonial dispute of respondent no.3 and her ex-husband had paid a visit to the Burn Hall School to enquire and verify about the well being of his wards, who are studying in the said School. It is submitted that a complaint came to be lodged against the petitioner by respondent no.2 before the Protection officer claiming a breach of the protection order committed by the petitioner. It is submitted that a full dressed enquiry was conducted into the matter by the Protection Officer of the concerned School, wherein the allegations against the petitioner were found without any substance or merit.
It is submitted that in light of the aforesaid allegation the petitioner was constrained to file a criminal complaint against false and malicious allegation of wrongly breach of protection order and the learned Judicial Magistrate, Srinagar took cognizance against the respondent no.3 (herein), which is pending adjudication before the revisional court.
It is submitted that the respondent no.1 has no authority under law to interfere or hamper the judicial authority of Court as the powers of the executive are limited to its own domain and cannot be exercise to maintain or regulate judicial proceedings.
Heard learned counsel for the petitioner, perused the record and considered the matter.
On the strength of the pleadings supported with the documents, the relief prayed for cannot be granted in the writ petition, simply on one reason that none of the rights of petitioner stands violated by respondent no.1 merely seeking interse information from his subordinate regarding the compliant complaining allegations and assertions against the petitioner. No action is taken by respondent no.1, adversely affects the rights of petitioner which may form a ground for maintainability of the writ petition with the relief claimed.
On the above stated ground the writ petition is not maintainable, as such, is dismissed in limini along with connected CM.