IN THE HIGH COURT OF JAMMU AND KASHMIR

AT JAMMU

(THROUGH VIRTUAL MODE)

Reserved on: 16.10.2020

Pronounced on: 22.10.2020

CRM(M) No.330/2020

Taro Devi

...Petitioner(s)

Through: - Mr. Deepak Mahajan, Advocate.

Vs.

Union Territory of J&K &anr.

…Respondent(s)

Through: - None.

CORAM:

HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1)

The petitioner has challenged order dated 09.09.2020 passed

by learned Additional Mobile Magistrate, Samba, whereby the

learned Magistrate has directed SHO, P/S Vijaypur to verify the

matter and if cognizable offences are made out, to proceed in terms

of Section 156(3) of the Code of Criminal Procedure.

2)

Petitioner is primarily aggrieved of the direction of the

learned Magistrate to the extent it asks the SHO to verify the

matterprior to proceeding in terms of Section 156(3) of Cr. P. C.

According to the petitioner the learned Magistrate could not have

delegated the power of verification to the SHO.

MOHAMMAD ALTAF BHAT

2020.10.22 14:54

I attest to the accuracy and

integrity of this document

2CRM(M) N0.330/2020

3)

For appreciating the controversy at hand, it is necessary to

notice the facts of the