Does Not Behove A Judicial Magistrate To Pass Reckless Orders: Jharkhand High Court Cancels JMFC's Proclamation Order, Calls For Training
In a stern rebuke, the Jharkhand High Court has cancelled an order issued by a Judicial Magistrate First Class (JMFC) of Ranchi Civil Court. The High Court expressed strong reservations, stating that the JMFC's order appeared to have circumvented the law, and further emphasized that JMFC lacked a fundamental understanding of legal principles, necessitating training.Justice Anil Kumar...
In a stern rebuke, the Jharkhand High Court has cancelled an order issued by a Judicial Magistrate First Class (JMFC) of Ranchi Civil Court. The High Court expressed strong reservations, stating that the JMFC's order appeared to have circumvented the law, and further emphasized that JMFC lacked a fundamental understanding of legal principles, necessitating training.
Justice Anil Kumar Choudhary while criticizing the Magistrate, remarked, “Before parting, it is pertinent to mention here that it does not behove a Judicial Magistrate to pass such reckless orders throwing the law to the woods and thereby unnecessary enhancing the burden of this Court. The learned Judicial Commissioner, Ranchi is directed to impress upon Shri [name redacted], learned Judicial Magistrate 1st Class, Ranchi not to pass such illegal orders without adhering to the provision of law and if required, Shri [name redacted], learned Judicial Magistrate 1st Class, Ranchi be sent to Judicial Academy on Sundays to improve his basic knowledge of law.”
The High Court promptly dispatched a copy of its order to the Judicial Commissioner of Ranchi Civil Court through the Registrar of the High Court, instructing them to adhere to the order and submit a report. The case pertains to the annulment of an order related to the issuance of advertisements.
This development stems from a criminal miscellaneous petition filed under Section 482 Cr.P.C., seeking the quashing of an order dated 16.08.2023 issued by the Judicial Magistrate in connection with a Complaint Case.
In the order, the JMFC had issued a proclamation under Section 82 Cr.P.C. without an execution report of a non-bailable warrant of arrest, without recording satisfaction regarding the petitioner-accused's absconding status, and without specifying a time and place for the appearance of the accused-petitioner.
Case Title: Rahul Kumar Rai vs. The State of Jharkhand and Anr.
Case No.: Cr.M.P. No. 2680 of 2023
Counsel/s For the Petitioners : Mr. Ankit Apurva, Advocate
Counsel/s For the State : Mrs. Pankaj Kr. Mishra, Addl. P.P.
LL Citation: 2023 LiveLaw (Jha) 52