Excelsior Correspondent
JAMMU, June 21: An application under section 156(3) of Cr.P.C titled “Tania Mahajan Vs. Bansi Lal” which was transferred to Judicial Magistrate Ist Class – Bishnah for disposal under law by Chief Judicial Magistrate, Jammu and in which Judicial Magistrate Ist Class – Bishnah sought recusal on the ground that accused in the application is serving as Process Server in said court – was sent back to said court by CJM Jammu for disposal under law on merits.
While so directing, the CJM noted that the only underlying reason which seems to have impelled Magistrate supra to seek recusal is that accused in the application is a Process Server posted in said court.
“Sheer fact that accused is a Process Server in the court aforementioned perse ought not to have driven Magistrate supra from choosing the course of recusal more particularly when complainant did not raise any such objection even by in-sinuation for matter being heard by said court,” the court observed, adding “the only appropriate course for Magistrate thus was to deal with the matter on merits by passing appropriate order in-consonance with law.
Recusal which predicates on the premise of an impression that courts choose to stay away from passing judicial orders involving likes of accused herein is something that is wholly mis-placed to say the least.”
With these observations, application was directed to be sent back to Judicial Magistrate Ist Class – Bishnah for disposal under law on merits and complainant was directed to appear before the court concerned on June 23.
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