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Judicial magistrate may face action or charge of destroying record if applications are not diarized, registered

Post by on Saturday, August 6, 2022

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Srinagar, Aug 05: The High Court of Jammu & Kashmir and Ladakh Friday ruled that a Judicial Magistrate may face administrative action as well as charge for destroying the record of the Court if any application, whether civil or criminal, received by the court is not properly diarized and registered.
The court of Justice Sanjay Dhar held that whenever any application, whether on the 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," the bench said. 
The court directed the Magistrates that whenever they receive such applications, they will diarize and register the same in the concerned Register.
Justice Dhar said 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.
The court was hearing a plea by Nazir Ahmad Parra and another seeking a direction upon SHO, police station, Magam 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.
The directions came after the court noted that it seems that the CJM, 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 bench said that the action of forwarding the original application to the police by the CJM, Budgam is not in accordance with the law
Justice Dhar 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.
Meanwhile, it was alleged by the petitioners that on January 18, when the petitioners alongwith their women folk visited the land which is subject matter of the civil litigation, the private respondents attacked them with sticks and wife of petitioner was given a beating and her clothes were torn. Besides this some articles were also broken.
The petitioners approached CJM, 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 after the police failed to take action in the matter despite several requests by the petitioners.
The application of the petitioners was endorsed by the CJM Budgam to the concerned police station for necessary action under law. 
But, to the dismay of petitioners, no action was taken by the police.
Pointing out that since the petitioners have already approached the CJM Budgam and a direction has been issued, the court said 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.
The court also left it open to the petitioners to move a proper application before the CJM, Budgam in this regard.
In the meantime, the bench directed for circulation of the order amongst all the Judicial Magistrates of the UT of J&K and UT of Ladakh for information and compliance.

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