The High Court of Jammu & Kashmir and Ladakh at Srinagar, presided over by Justice Rahul Bharti, has set aside a show-cause notice issued by the Judicial Magistrate 1st Class, Shopian, to the District Collector, Shopian, in a maintenance execution proceeding. The High Court held that the Magistrate exceeded the jurisdictional bounds of authority under the Code of Criminal Procedure, 1973 (CrPC) after handing over the recovery process to the Collector.
Background of the Case
The case originates from a petition under Section 125 of the Code of Criminal Procedure, 1973, instituted on April 20, 2023, by Respondent No. 1 and Respondent No. 2 (wife and daughter) against Respondent No. 3 (husband/father) before the Court of Judicial Magistrate 1st Class, Shopian, seeking maintenance due to neglect.
On December 4, 2025, the Magistrate disposed of the petition by awarding a monthly maintenance of Rs 18,000 (Rs 10,000 for the wife and Rs 8,000 for the daughter) effective from the date of institution. Due to default by Respondent No. 3 in paying recurring maintenance and arrears, the wife and daughter filed an application for execution on December 9, 2025.
During execution, Respondent No. 3 stayed away from court proceedings. Notices issued by the trial court remained unserved. On February 20, 2026, the Judicial Magistrate 1st Class, Shopian, issued a levy warrant to the District Collector, Shopian, for execution under Section 421(1)(b) of the CrPC. Subsequently, on April 30, 2026, the Magistrate directed the District Collector to furnish a detailed report regarding movable and immovable properties of Respondent No. 3 located within District Shopian.
On June 4, 2026, the Assistant Commissioner Revenue, Shopian, acting on behalf of the Office of the District Collector, submitted a detailed report identifying the immovable property of Respondent No. 3. However, the Judicial Magistrate took exception to the fact that the report was forwarded by the Assistant Commissioner Revenue instead of the District Collector appearing personally, and that no movable properties were identified. Consequently, the Magistrate issued a show-cause notice dated July 10, 2026, to the District Collector, Shopian. Aggrieved by this notice, Shishir Gupta, IAS, District Collector Shopian, filed a writ petition under Article 226 read with Article 227 of the Constitution of India.
Arguments of the Parties
The petitioner, District Collector Shopian, appeared through Senior AAG Mr. Mohsin S Qadri accompanied by Ms. Rahilla Khan, challenging the legality and validity of the show-cause notice dated July 10, 2026, issued by the Judicial Magistrate 1st Class, Shopian.
The respondents were represented by Advocate Mr. Bilal Ahmad Malla.
Court’s Analysis
The High Court examined the trial court record and outlined the legal scheme governing the enforcement of maintenance orders under Section 125 of the CrPC. The Court observed that Section 125(3) read with Section 431 of the CrPC provides for the recovery of money as a fine by falling back upon Section 421.
The High Court explained that once a warrant for levy of fine is issued to the Collector under Section 421(1)(b), the recovery proceedings shift to the Collector to recover the amount as arrears of land revenue from the movable or immovable property of the defaulter. At this stage, the role of the issuing court comes to a pause.
The High Court pointed out initial procedural lapses by the Magistrate in attempting service upon Respondent No. 3, noting:
Recourse to the issuance of bailable/non-bailable warrants under the Code of Criminal Procedure, 1973 was not resorted to by the Judicial Magistrate 1st Class, Shopian, which would have enabled the tracing of the respondent No. 3 and his appearance/production before the Court of the Judicial Magistrate 1st Class, Shopian.
Regarding the report submitted by the District Collector’s office and the subsequent action by the Magistrate, the High Court remarked:
This Court is not able to appreciate as to what purpose it would have served the Judicial Magistrate 1st Class, Shopian, when the levy warrant dated 20.02.2026 had already been assigned to the District Collector, Shopian, for carrying out the recovery of the arrears and recurring maintenance amount from the respondent No. 3.
The High Court further noted that the Magistrate committed a legal error by issuing another levy warrant on July 4, 2026, to the SHO, Police Station Shopian, while the earlier warrant to the Collector was already active. The Court observed:
The Judicial Magistrate 1st Class, Shopian, is found to be acting in ignorance of law as, after having first issued a levy warrant to the Collector, District Shopian, in terms of section 421(1)(b) of the Code of Criminal Procedure, 1973, another levy warrant came to be issued in terms of order dated 04.07.2026 against the respondent No. 3 to be served by SHO, Police Station Shopian, for which there is no scope provided under the Code of Criminal Procedure, 1973, meaning thereby that the Judicial Magistrate 1st Class, Shopian, self-frustrated the earlier levy warrant issued to the Collector, Shopian.
Concluding the evaluation, the High Court held:
This Court is of considered opinion that the Judicial Magistrate 1st Class, Shopian, has exceeded the jurisdictional bounds of its authority under the Code of Criminal Procedure, 1973, which renders the impugned show cause notice dated 10.07.2026 illegal.
Decision of the Court
The High Court set aside the impugned show-cause notice dated July 10, 2026, issued by the Judicial Magistrate 1st Class, Shopian.
The High Court directed the Judicial Magistrate 1st Class, Shopian, to issue a fresh levy warrant addressed to the Collector, Shopian, to execute the recovery as arrears of land revenue in terms of Section 91 of the Jammu and Kashmir Land Revenue Act, Svt. 1996. The Collector was directed to carry out the attachment and sale of the identified ownership property of Respondent No. 3 to realize the funds and make them available to the Judicial Magistrate for payment to the wife and daughter.
The writ petition was accordingly disposed of.
Case Title: Shishir Gupta IAS Presently Posted As District Collector Shopian v. Ufaira Gulzar & Ors.
Case No.: WP(C) 1781/2026 CM(4750/2026)
Bench: Justice Rahul Bharti
Date: 07.08.2026
