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2000 DIGILAW 1116 (RAJ)

Prahlal Singh v. State of Rajasthan

2000-09-06

A.R.LAKSHMANAN, ASHOK PARIHAR

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Honble Dr. LAKSHMANAN, J.–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 (Annex.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 CJM has ordered to shift the jurisdiction of Police Station-Sunel from the Court of Civil Judge (Jr Div)-cum-Judicial Magistrate 1st Class, Pidawa to the Court of Civil Judge(Sr. Div) -cum-Additional Chief Judicial Magistrate, Bhawani Mandi, exercising his powers vested by virtue of Sec. 14(1) and 15(2) of the Code of Criminal Procedure, 1973 (for short `CrPC). (3). The above order has been challenged on two grounds. First that no reasons, whatsoever, have been given by the CJM 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 Div), 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 CrPC defines local jurisdiction of Judicial Magistrates. The CJM, 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 Sec. 11 or u/S. 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 even 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 CJM, for time to time make rules or give special orders, consistent with this Code, as to the distribution of business among the Judicial Magistrate subordinate to him. (5). The CJM, for time to time make rules or give special orders, consistent with this Code, as to the distribution of business among the Judicial Magistrate subordinate to him. (5). In the instant case, as already noticed, the order was passed by the CJM, invoking his jurisdiction under Sec. 14(1) and 15(2) CrPC. Under Sec. 15(2) CrPC, the CJM has jurisdiction and authority to pass orders in regard to the distribution of business among the Judicial Magistrate subordinate to him. Since the said order has been passed by the CJM in accordance with section 14 and 15 of the CrPC, 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 CJM has passed the said order, after obtaining approval of the Registrar General, Rajasthan High Court and consulting the District & 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 & Sessions Judge, Jhalawar and Chief Judicial Magistrate, Jhalawar immediately. THE END OF THE MILLENNIUM VOLUME RLW 2000(3) RAJ.