Lawstreet Journal

Magistrates And Trial Judges also Have a Responsibility in Safeguarding Citizens' Fundamental Rights: SC [READ JUDGMENT]

Lawstreet Journal 11 Mar 2021 5:17pm

Image courtesy: Lawstreet Journal Judiciary Magistrates And Trial Judges also Have a Responsibility in Safeguarding Citizens' Fundamental Rights: SC [READ JUDGMENT]

While giving a judgment on a case titled ‘Krishna Lal Chawla Vs. State Of U.P.’ where the role of the lower Judiciary in preventing abuse of criminal court process is emphasized, Supreme Court remarked:

“The trial Judges have as much, if not more, responsibility in safeguarding the fundamental rights of the citizens of India as the highest court of this land.”

This is a case that should not have been allowed to reach as far as this Court, the bench said while quashing an order of Magistrate who issued process in a complaint lodged after six years of filing a Non- Cognizable Report with respect to same incident against the same accused.

 

The court said that, on receipt of a private complaint, the Magistrate must:

  • First, scrutinise it to examine if the allegations made in the private complaint, inter alia, smack of an instance of frivolous litigation; and
  • Second, examine and elicit the material that supports the case of the complainant.

“We  are  of  the  considered opinion  that  the  trial  courts  have  the  power  to  not  merely  decide on  acquittal  or  conviction  of  the  accused  person  after  the  trial, but  also  the  duty  to  nip  frivolous  litigations  in  the  bud  even before  they  reach  the  stage  of  trial  by  discharging  the  accused  in fit  cases. This  would  not  only  save  judicial  time  that  comes  at  the cost  of  public  money,  but  would  also  protect  the  right  to  liberty that   every person   is   entitled   to   under   Article 21   of   the Constitution,” it… Continue Reading...


Tagged: Supreme Court of India  
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