Allahabad High Court Pulls Up A Judicial Magistrate For Advising The Party 'To Do Or What Not To Do' [Read Order]

The Bench of Justice Rahul Chaturvedi in his order remarked,

"This Court records its strongest exception and impertinence to such type of orders shown by the learned Magistrate and accepts that he would not pass such type of orders in future."

The Background of the Case

An application was filed before the High Court under 482 CrPC against the order dated 02.01.2020 passed by Judicial Magistrate, Deoria in Misc. Case No. 962 of 2018 arising out of NCR No. 217 of 2014 under Section 323, 504, 506 IPC, P.S.Rudgrapur, District Deoria.

Proceedings before the Magistrate

An application was filed by the Counsel for the Applicant/Accused (Mukesh) before the Judicial Magistrate, Deoria in Misc. Case No. 962 of 2018 arising out of NCR No. 217 of 2014.

In this Application, it was informed to the Court that in Case No. 962 of 2018 arising out of NCR No. 217 of 2014 (District Deoria/P.S. Fathepur), there had been no progress and no investigation took place in the said matter.

It was further submitted that in the said matter, the Applicant/Accused had been impleaded as an accused party.

Lastly, it was prayed before the Court, that if the Court thinks it appropriate, an order may be passed by the Court directing the removal of the name of the Accused from the Case No. 962 of 2018 arising out of NCR No. 217 of 2014.

After, hearing the Counsels of the Party, the Judicial Magistrate noted in its order dated 02.01.2020 that,

"As far as the question of ordering the removal of the name of the Accused/Petitioner Mukesh from the NCR is concerned, this Court doesn't have any power to do the same. This Jurisdiction/Power is vested in the High Court under S. 482 CrPC."

Matter before the High Court

The Applicant then moved High Court under Section 482 CrPc praying that the order dated 02.01.2020 be quashed.

The High Court in its order said,

"It is strange order passed by concerned Judicial Magistrate, whereby the Presiding Judge has advised his client to do or what not to do."

Lastly, the Judicial Magistrate, Deoria was directed to pass suitable order in accordance with law within a fortnight from the date of production of certified copy of the order.

With the aforesaid observation, the application under 482 Cr.P.C. was disposed of.

Advocates Ram Mohan Yadav and Khurshed Alam appeared on behalf of the Accused/Applicant Mukesh.