Don’t forward original complaints to police: HC to Magistrates

File Photo [Image for representational purpose only]
File Photo [Image for representational purpose only]

Srinagar, Aug 5: The High Court of J&K and Ladakh has observed it as “destroying records of the courts” by the magistrates who forward original complaints instead of copies to police stations for response.

A bench of Justice Sanjay Dhar said this while perusing record of a case wherein a Chief Judicial Magistrate had forwarded the original application filed by the petitioners under Section 156(3) of Cr.P.C to the concerned SHO with endorsement that action under law be taken.

“By acting in this manner the Magistrates are destroying the record of the Courts,” the bench said, reiterating that the action of forwarding the original application to the police by the Magistrates was not in accordance with the law.

“This Court in the case of Nasreenu Bano Vs State and Ors, 2019, has clearly emphasized that whenever any application whether on civil side or criminal side is received by a Court, the same shall be physically diarized and registered.”

The Court in the judgment has underscored that “invariably, it is seen that the applications in original are forwarded to the police as if the Police Station is an extension of their Court.”

“It needs to be appreciated that any application filed before the Magistrate is record of the Court, needs to be properly diarized and not sent in original to the Police Station. Such an act may even amount to destroying the record of the Court.”

Emphasizing on maintaining the records by necessarily diarizing and registering the applications, the court had warned that the magistrates were liable to action on the administrative side if found violating the directions.

“It is only the copy of the order along with a copy of such application, which shall be sent to the Police or other authority for report or action, as the case may be,” the Court said.

Disposing of a petition before it, the court said that despite that the directions contained in the judgment were circulated to the Judicial Magistrates, the applications in original are being sent by them to the Police Stations with endorsements instead of sending a copy of order and the copy of such applications to the police concerned.

“Therefore, it is once again emphasized that the directions of this Court be complied with in letter and spirit,” the court said, adding, “it is provided that any Judicial Magistrate found in breach of the directions shall be liable to be dealt with on the administrative side as well.”

The court ordered that a copy of order be circulated amongst all the Judicial Magistrates of Jammu and Kashmir and Ladakh for information and compliance.

The petitioners had approached the court through Advocate Umer Mir seeking implementation of an order regarding registration of FIR against the other party who allegedly had attacked them.

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