Magistrates Can't Forward Original Complaints To Police, May Amount To Destruction Of Court Records: J&K&L High Court

The court was hearing a plea whereby the petitioner was seeking a direction upon SHO, to lodge an FIR against private respondents in a civil dispute after the police failed to take action in the matter despite the directions from the Chief Judicial Magistrate (CJM), Budgam.

While perusing the record the bench noted that the petitioners had approached CJM, Budgam by making an application under Section 156 (3) of Cr.P.C. The application of the petitioners was endorsed by the CJM Budgam to the concerned police station for necessary action under law.

Expressing displeasure over the act of forwarding the original application with the endorsement to the concerned SHO for action, the bench said that this action of forwarding the original application to the police by the CJM, Budgam is not in accordance with the law.

The court also found it worthwhile to record the observations made by J&K High Court in Nasreen Bano Vs UT of J&K wherein the court had already issued instructions on the subject and observed,

"It is being 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 act may even amount to destroying the record of the Court. It is, thus, emphasized that henceforth, whenever any application whether on civil side or criminal side is received by a Court, the same shall be necessarily diarized and registered. Any Magistrate/Court found violating; shall be liable to action on the administrative side and may also be charged for destroying the record of the Court "

Justice Dhar further deliberating on the issue observed that 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.

Justice Dhar also underscored that despite circulation of aforesaid 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 a copy of order and the copy of such applications to the police concerned. By acting in this manner, the court said, the Magistrates are destroying the record of the Courts.

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

Pointing out that since the petitioners have already approached the CJM Budgam and a direction has been issued, the Justice Dhar observed that the proper course for the petitioners would be to approach the said Court by way of an appropriate application seeking an action against the official respondents for not having complied with the directions of the CJM, Budgam.

Disposing of a plea, the bench directed the CJM, Budgam to ensure implementation of order passed on April,15, 2022 on the application of petitioners under Section 156 (3) of Cr.P.C.

Copy of this order be circulated amongst all the Judicial Magistrates of the UT of J&K and UT of Ladakh for information and compliance, the bench concluded.

Case Title : Nazir Ahmad Parra Vs UT of J&K.

Citation : 2022 LiveLaw (JKL) 91

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