The Judge also observe that the Public Prosecutor was unable to refer any other judgment of Apex Court or even our own High Court laying down law otherwise than laid by Full Bench of the Allahabad High Court, nor Court could laid on any such judgment. Therefore there is no option expect rely on the judgment of Allahabad Full Court.
Court further observed that in view of the discussion made and ratio of Full Court judgment of Allahabad High Court as referred, impugned order is interlocutory and not amenable to revisional jurisdiction and as such present petition is not maintainable and is liable to be dismissed and dismissed the same.It may be mentioned that on June 3 Chief Judicial Magistrate (CJM) Kishtwar Ajay Kumar Gupta had directed police to lodge an FIR against the Minister of State for Home Sajad Ahmed Kitchloo for slapping a government officer during duty hours.
Kitchloo had allegedly slapped the Chief Executive Officer Kishtwar Development Authority, Reyaz Ahmed Choudhry on April 18, 2013 in Dak Bunglow in front of the senior district and police authorities after he failed to turn up in time for a review meeting with the MoS Home.
Taking serious note of the Ministers conduct KAS delegation had requested Chief Minister to act against his minister.Judging the mood of the KAS officers and adverse media attention even Omar Abdullah had advised him to settle the case amicably.