AI Structured Summary
Not yet generated for this judgment
Judgment
J.P. Singh, J.—Order dated 17-10-2003 passed by Additional District Magistrate, Jammu, u/s 145 Cr.PC was quashed by this Court vide
its order dated 2-4-2004. The case was remanded to the learned Additional District Magistrate for proceeding afresh in the matter in accordance
with law.
Rather than considering the case for passing orders u/s 145 of the Code of Criminal Procedure, learned Magistrate without recording requisite
satisfaction u/s 145 Cr.PC and drawing preliminary order under the aforesaid Section, has proceeded to issue an order on 14-5-2005, whereby
he has directed maintenance of status quo. It is this order, which has been questioned by the petitioner through the medium of this petition u/s 561-
A Cr.PC.
A magistrate, seized of a petition or proceedings seeking initiations of proceedings u/s 145 Cr.PC, is not possessed of any jurisdiction or
authority to pass an order of attachment or the like of the subject matter of dispute until a preliminary order u/s 145(1) is passed. He does not even
otherwise have any jurisdiction to pass an injunctive direction contemplated by Order XXXIX of the Code of Civil Procedure.
The order impugned is, thus, without jurisdiction. It is accordingly quashed.
The magistrate is directed to proceed strictly in terms of order of this Court dated 2-4-2004, and in accordance with law.
This petition is accordingly allowed.