In a significant judgment, the High Court has asked the Judicial Magistrates to record complaints filed before them and not to send them in original form to police stations.
Sending original copies to police stations amounts todestroying the record of courts, Justice Sanjeev Kumar said in a judgmentpassed at the Jammu wing of the High Court.
The court disapproved of the manner in which its”magistracy” acts while receiving an application for bail, release of vehicleor other seized property and even a complaint under Section 156 (3) of CrPC.
“Invariably it is seen that the applications in original areforwarded to the police as if the police station is an extension of theircourt,” the court observed and called for necessarily diarising and registeringany application on criminal or civil side.
Any magistrate or court found violating the order, the HCsaid, would be liable to action on the administrative side and might also becharged with destroying the record of the court.
“Let all magistrates (judicial) note that whenever theyreceive such applications, they will diarize/register the same in the concernedregister. It is only the copy of the order along with copy of such application,which shall be sent to the police or other authority for report or action, asthe case may be,” the court said.
Meanwhile, the court directed its Registrar General toensure that copy of the judgment is circulated to all judicial magistrates ofthe state for their guidance on the issue of law as discussed in the judgment.
The court issued the directions on a petition of a woman whohad filed a complaint before Chief Judicial Magistrate Jammu for registering anFIR against an accused.