MP HC Directs Inquiry Into Passing Of Order By Lower Court Judge Despite Transfer Of Case To Another Court [Read Order]
The Indore Bench of the Madhya Pradesh High Court has directed an inquiry to be conducted against all those involved, including a lower court judge, in the passing of an order by the judge after the case had already been transferred to another court.
Justice JK Maheshwari ordered the inquiry to be concluded within three months, after which contempt proceedings are to be initiated against those found guilty of violating the high court order of transfer of the case.
The court was hearing a petition filed under Section 482 of the Code of Criminal Procedure, demanding quashing of an order passed on August 19, 2015, whereby Judicial Magistrate First Class (JMFC), Ujjain had allowed compounding of offences in the case at hand.
The high court, however, noted that on August 17, 2015, it had transferred the case from the Court of JMFC, Ujjain, to the Court of JMFC, Indore with immediate effect. The concerned court was directed to transmit the record within a week.
Despite this order to transfer the case, JMFC, Ujjain, on August 19, allowed the application for compounding filed by the accused persons. This, Justice Maheshwari now noted, was “illegal without jurisdiction in gross violation and ignorance” of the high court order.
The court therefore thought it to be a fit case for exercising its power under Section 482, and quashed the order of compounding passed by the Trial Court. Thereafter, pointing out that the Court of JMFC, Ujjain passed the order despite becoming functus officio, it directed an enquiry into the mater through the District Judge concerned, directing him to afford an opportunity to be heard to all involved, including the judge.
It further directed, “It is directed that upon taking the reply of the accused persons and taking explanation from the Judge who passed the order, an enquiry be concluded within three months and the finding of the said enquiry be referred to the High Court for perusal.
If it is found that the order of the High Court has been violated by anyone, a reference be made against them for registration of a criminal contempt before the High Court, on receiving the same separate proceedings be drawn and duly registered by the Bench Registry and be place for hearing before appropriate Bench.”
The petition was therefore disposed of, with costs of Rs. 10,000 on nine respondents. It was directed that the case be restored by JMFC, Ujjain, and be immediately transferred to the Court of JMFC, Indore. The parties are expected to appear before JMFC, Indore on December 3.