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2000 DIGILAW 1115 (RAJ)

Prahlad Singh v. State of Rajasthan

2000-09-06

A.R.LAKSHMANAN, ASHOK PARIHAR

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Judgment AR. Lakshmanan, CJ.-Petitioner is a practicing lawyer of Pidawa, District Jhalawar. He is represented through Shri Sanjay Sharma, Advocate. The writ petition has been filed questioning the correctness of the order dated 24-4-2000 (An-nexure-1), passed by the Chief Judicial Magistrate, Jhalawar, and to declare the said order as illegal and arbitrary. 2. Vide the order dated 24-4-2000, the C.J.M. has ordered to shift the jurisdiction of Police Station, Sunel from the Court of Civil Judge (Jr.-Divn.)-cum-Judicial Magistrate 1st Class, Pidawa to the Court of Civil Judge (Sr. Divn.)-cum-Additional Chief Judicial Magistrate, Bhawani Mandi, exercising his powers vested by virtue of Sections 14(1) and 15(2) of the Code of Criminal Procedure, 1973 (for short ‘Cr. P.C.’). 3. Theabove order has been challenged on two grounds. First that no reasons, whatsoever, have been given by the C.T.M. for shifting the jurisdiction of the Police Station concerned. Secondly, that the villagers of the villages falling under the jurisdiction of Police Station, Sunel would be facing great difficulties and inconvenience. It is also submitted that the distance of the Court of the Civil Judge (Jr. Divn.), Pidawa from the villages falling under, the jurisdiction of Police Station, Sunel is about 5-10 kms. and the villages are well connected with Pidawa, whereas, distance of Bhawani Mandi is more than 30-40 kms. and they are not connected with Bhawani Mandi. Under such circumstances, the residents of these villages would suffer inconvenience as also financial loss. 4. We are unable to accept the contention of the learned Counsel for the petitioner. Section 14 of the Cr. P.C. defines local jurisdiction of Judicial Magistrates. The C.J.M. subject to the control of the High Court, may, from time to time, define the local limits of the areas within which the Magistrates appointed under Section 11 or under Section 13 may exercise all or any of the powers with which they may respectively be invested under this Code. Section 15, CrPC deals with subordination of Judicial Magistrates. Section 15(1) states that every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate. The C.J.M. from time to time may make rules or give special orders, consistent with this Code, as to the distribution of business among the Judicial Magistrates subordinate to him. 5. The C.J.M. from time to time may make rules or give special orders, consistent with this Code, as to the distribution of business among the Judicial Magistrates subordinate to him. 5. In the instant case, as already noticed, the order was passed by the C.J.M., invoking his jurisdiction under Sections 14(1) and 15(2), Cr. P.C. Under Section 15(2), Cr. P.C, the C.J.M. has jurisdiction and authority to pass orders in regard to the distribution of business among the Judicial Magistrates subordinate to him. Since the said order has been passed by the C.J.M. in accordance with Sections 14 and 15 of the Cr. P.C, in our view, the same cannot be assailed on the ground of inconvenience of the parties or the distance between one place to another. In this case, the C.J.M. has passed the said order, after obtaining approval of the Registrar General, Rajasthan High Court and consulting the District and Sessions Judge, Jhalawar. 6. In our opinion, the order dated 24-4-2000 has been passed taking into consideration all aspects of the matter and after consulting proper authorities and, therefore, same cannot be assailed as bad or without jurisdiction. The appeal thus fails and is dismissed. 7. The Registry is directed to send a copy of this order to the District and Sessions Judge, Jhalawar and Chief Judicial Magistrate, Jhalawar immediately.