Excelsior Correspondent
Srinagar, Aug 5: High Court has taken strong note of practice by the trial court by sending the original application to the police for seeking report and directed all the Judicial Magistrates (JMs) to desist from such practice by observing that such practice amounts to destroying of the court records.
These directions have been passed in a petition filed by one Nazir Ahmad Parra seeking registration of FIR against his rival party for allegedly beating him. It was contended in the petition that there is a civil litigation going on between the petitioners and the private respondents in which an interim order has been passed by the Sub Judge (Chief Judicial Magistrate) Budgam.
It was alleged that on 18.01.2022, when the petitioners along-with their women folk visited the land which is subject matter of the civil litigation, the private respondents attacked them with lathis. It is further alleged that the wife of the petitioner was given a beating and her clothes were torn.
It is averred that the petitioners approached with an application to Police Station Magam with the request to lodge an FIR but no action was taken in the matter. SSP Budgam was also approached but to no effect. Eventually the petitioners are stated to have approached the Chief Judicial Magistrate, Budgam by making an application under Section 156 (3) of Cr.P.C seeking a direction upon SHO , Police Station , Magam to lodge an FIR .
The application of the petitioners was endorsed by learned Chief Judicial Magistrate Budgam to the concerned Police Station for necessary action under law. But no action was taken by the Police.
Justice Sanjay Dhar after observing that after endorsing the application by the CJM the same was forwarded to police station concerned in original without diarizing it on court records has taken serious note of such practice.
Before parting it would be necessary to comment upon certain facts that have come to the notice of this Court upon perusal of the record. It seems that the Chief Judicial Magistrate, Budgam has 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. The action of forwarding the original application to the police by the Chief Judicial Magistrate is not in accordance with the law”, reads the order.
“It appears that despite directions to the Judicial Magistrates, the applications in original are being sent by the Judicial Magistrates to the Police Stations with endorsements instead of sending copy of order and the copy of such applications to the police concerned”, Justice Dhar recorded
Justice Dhar further added that by acting in this manner the Magistrates are destroying the record of the Courts as such emphasized that the aforesaid directions of this Court be complied with in letter and spirit. “It is provided that any Judicial Magistrate found in breach of aforesaid directions shall be liable to be dealt with on administrative side as well”, Justice Dhar warned and directed for circulating the instant order amongst all the Judicial Magistrates of the UT of Jammu and Kashmir and UT of Ladakh for information and compliance.
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