Don't send original copies of complaints to police: HC to Magistrates

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 to destroying the record of courts, Justice Sanjeev Kumar said in a judgment passed 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 vehicle or other seized property and even a complaint under Section 156 (3) of CrPC.

“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,” the court observed and called for necessarily diarising and registering any application on criminal or civil side. 

Any magistrate or court found violating the order, the HC said, would be liable to action on the administrative side and might also be charged with destroying the record of the court.  

“Let all magistrates (judicial) note that whenever they receive such applications, they will diarize/register the same in the concerned register. 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, as the case may be,” the court said.

Meanwhile, the court directed its Registrar General to ensure that copy of the judgment is circulated to all judicial magistrates of the 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 who had filed a complaint before Chief Judicial Magistrate Jammu for registering an FIR against an accused.