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9. For the foregoing reasons, the petition is allowed and the proceedings against the petitioner before the Court of the Executive Magistrate shall stand quashed. Record is returned to the learned AAG.
10. Petition is, accordingly, disposed of along with connected applications.
The instant Robkar was framed against the Executive Magistrate, 1st Class Tehsildar, Jammu South and Incharge Police Station, Women Cell, Jammu for having defied the order dated 13.11.2017 passed in the main petition, whereby they were directed to send the record of the proceedings under Sections 107 and 117 Cr.P.C for perusal of the Court. The respondents have filed their response to the notice of show cause issued by this Court and in their response, they have submitted that the original record was submitted to the Government Counsel vide No. TJS/OQ/2018-19/235 dated 03.12.2018 for its production before the Court and that there has been no willful dereliction on the part of the respondents.
It appears that there has been some communication gap between the then State counsel and the respondents, which has resulted in non-production of record before the Court as per its directions. The conduct of the respondents in not producing the requisite record before the Court cannot be stated to be an intentional defiance of the Court order. The show cause notice issued against the respondent is, therefore, discharged. ROBKAR is dropped.
(Sanjay Dhar) Judge Jammu 17.02.2022 Ram Krishan