The judicial Magistrate first class has jurisdiction to entertain applications under Section 13(3) of the Registration of Births and Deaths Act, 1969, and the Sessions Judge should not interfere with the lower court's finding of fact.

S. VENKATARAMAN, J.

( 1 ) THIS petition is filed by the respon dent in Criminal Revision Petition No. 109/88 challenging the legality of the order dated 1-10-1991 passed by the Addl. Sessions Judge, Shimoga, al lowing the revision petition filed by the respondent and setting aside the order passed by the Addl. JMFC. , Sagar in C. Misc. 20/87 allowing the peti tion directing the village accountant to register the death of Smt. Gowramma on 25-1-1985.

( 2 ) THE petitioner filed a petition in C. Misc. 20/87 under Section 13 (3), of the Registration of Births and Deaths Act, 1969 ('the Act' for short) read with Rule 10 (3) of the Karnataka Registration of Births and Deaths Rules 1970, praying for a direction to the village accountant of Amachi village to register the death of his mother-in-law Smt. Gowaramma, wife of Narayanappa at Amachi on 25-1-1985. The petitioner's case was that his mother-in-law Smt. Gowramma died in her house at Amachi on 25-1- 1985, though the fact of death was informed to the village accountant, the same had not been entered in the death register that petitioner came to know about this fact when he sought for a death certificate, that when he presented an application to the respondent tahsildar he was directed to secure an order from the Court and at that stage he has filed this petition. The respondent in the objections stated that the correct ness of the date of the death mentioned in the petition was not admitted and that the petition was not maintainable under law and that he also had no locus standi to file the petition.

( 3 ) THE learned JMFC recorded the evidence of the petitioner and on the basis of the material on record he held that the petitioner had made out that his mother-in-law died on 25-1-1985 and conse quently he allowed the petition and directed the respondent to register the death of Smt. Gowramma on 25-1-1985.

( 4 ) THE respondent preferred a revision petition before the Sessions Judge in Cr. R. P. 109/88. One of the contentions raised before the Sessions Judge was that the J. M. F. C. had no jurisdiction to entertain an application under Section 13 (3), of the Act and that it was only the Executive Magistrate who was competent to deal with that matter. The learned Sessions Judge relying entirely on copy of a letter dated 16-1-1989 issued by the office of the Chief Registrar of Births and Deaths, Bangalore, has held that, it is only the executive magistrate who has jurisdiction to make an order under Sec. 13 (3) of the Act and that the judicial Magistrate has no jurisdic tion to pass such an order. He also disagreed with the lower Court's finding that the petitioner had estab lished the date of death of his mother-in-law as 25 -1-1985. On these findings he allowed the revision petition and set aside the order of the magistrate.

( 5 ) IN this revision the learned Counsel for the petitioner has produced a Criminal Circular No. 1/80 issued by the High Court of Karnataka as well as a Circular dated 17-1-1991 issued by the office of the Director of Prosecution and Government Litiga tion in Karnataka to contend that actually it is the judicial Magistrate who has jurisdiction to try the petition under Section 13 (3), of the Act and not the executive magistrate.

( 6 ) THE learned State Public Prosecutor did not dispute the fact that the Directorate of Prosecution had issued the circular in question, he was also of opinion that it would be the judicial Magistrate first class who has jurisdiction to entertain petition under Section 13 (3), of the Act.

( 7 ) THE criminal circular No. 1/80 issued by the High Court does not state that it is only the judicial Magistrate first class who has the jurisdiction to deal with the application under Section 13 (3), of the Act. All that this circular purports to do is to draw the attention of the judicial magistrates and executive magistrates in the State to a reference dated 18-1- 1980 received from the Secretariate, Government of Karnataka, Planning Departmen

Click Here to Read the rest of this document