Karnataka High Court
Smt. Jainabi W/O. Peerasab Jangunavar @ ... vs Mohammad Hussain S/O. Rehaman Sab ... on 4 February, 2013
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATE D THIS THE 4 T H FEBRU ARY 2013
BEFORE
THE HON 'BLE MR.JUSTICE B.V.PINTO
CRIMINAL PETITION NO.10711/2012
BETWEEN
Smt.Jainabi w/o.Peerasab Jangunavar
@ Pendari
Age: 60 years, Occ: Agriculture and
Household work,
R/o. Nagarkar Colony, Laxmisingankere,
Dharwad.
... Petitioner
(By Shri M.B.Gundawade, Advocate.)
AND
1. Mohammad Hussain s/o.Rehaman Sab Shaikh
Age: 45 years, Occ: Auto Driver,
R/o.Nagarkar Colony, Laxmisingankere,
Dharwad.
2. Registrar,
Birth & Death Section,
Hubli-Dharwad Municipal Commissioner,
Dharwad.
... Respondents
(By Shri Prakash K. Jawalkar, Advocate, for R.1,
Shri G.I.Gachchinamath, Advocate, for R.2.)
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This criminal petition is filed under section 482 of
Cr.P.C. seeking that the records from II Addl. Civil
Judge (Jr.Dn.) and JMFC II Court, Dharwad, in
Crl.Misc. No.31/209 may kindly be called for and all
the proceedings including the final order dated
15.4.2009 passed therein may kindly be ordered to be
quashed in order to avoid further abuse of process of
Court and law, etc.,.
This criminal petition coming on for orders, this
day, the Court made the following:
ORDER
This petition is filed to quash the proceedings in Crl.Misc.No.31/2009, culminating in the order dated 15.4.2009, on the file of II Addl. Civil Judge (Jr.Dn.) and JMFC-II Court, Dharwad.
2. It is the case of the petitioner that one Mohammad Hussain, who is the son of Rehaman Sab had filed an application before the Hubli-Dharwad Municipal Corporation, seeking a death certificate of deceased Jamalbi W/o.Yallusab Pendari and on issuance of a non availability certificate, he had approached the Judicial Magistrate First Class, -3- Dharwad, seeking for an order directing the Corporation to enter the date of death of the aforesaid deceased Jamalbi w/o.Yallusab Pendari. The learned Magistrate having made an enquiry as per law, granted necessary order directing the Municipal Corporation to enter the name of Smt.Jamalbi W/o.Yallusab Pendari, as having died on 24.6.1981, at Pendar Galli, Dharwad.
3. This Court having received the petition issued notice to the respondent who is an informant before the Corporation as well as the petitioner before the learned Magistrate.
4. Heard Sri M.B.Gundawade, the learned counsel for the petitioner. The petitioner before this Court is said to be a relative of the deceased Jamalbi. It is his contention that the respondent Mohammad Hussain has wrongly given the name of his father as Yallusab Pendari instead of giving his father's name as Rehaman Sab Shaikh, thus representing himself as a son of the deceased Jamalbi, whereas he is the son-in- -4- law of the present petitioner. Hence the order may be cancelled.
5. On the other hand, the learned counsel appearing for the respondent No.1 submits that there is some civil case pending between the petitioner and the respondent No.1. Therefore the petitioner has mischievously filed this petition. He submits that the fact of Smt.Jamalbi's death is a true fact which any person is entitled to inform to the Corporation. Under the circumstances he submits that the petition may be dismissed.
6. It is true that the fact of birth or death may be informed to the Corporation namely the Registrar of Births and Deaths, under the Registration of Births and Deaths Act, 1969, by any person who has personal knowledge of such fact. The issuance of order by the learned Magistrate cannot be found fault with. The grievance of the petitioner is not the issuance of the order but the mentioning of the name of the father the -5- petitioner before learned Magistrate as Yallusab Pendari instead of Rehaman Sab Shaikh. This Court cannot issue any corrective orders in respect of the names in the present proceedings. The only authority this Court has is to declare the validity or otherwise of the order passed by the learned Magistrate. I do not find any illegality or irregularity in the order of the learned Magistrate in granting the order dated 15.4.2009, directing the Registrar of Births and Deaths of the Corporation to enter the date of death of Smt.Jamalbi W/o.Yallusab Pendari on 24.6.1981. However the parties are at liberty to seek the remedies now sought for in other Forums established by law. The petition stands dismissed accordingly.
SD/-
JUDGE Mrk/-