The Hindu : New Delhi News : Court orders action against judge

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Sunday, Jan 20, 2008
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New Delhi

Court orders action against judge

Nirnimesh Kumar

NEW DELHI: Quashing an order for registration of an FIR passed by a Civil Judge here, the Delhi High Court has said that appropriate action should be taken against the Judge on the administrative side for his temerity to cross the jurisdiction of a civil court.

The Civil Judge had ordered registration of the case on an application by a co-operative group housing society seeking a direction to the Delhi police to register an FIR against five of its members.

“I consider that this is a very serious matter and note should be taken of the attitude of the Civil Judge concerned and an appropriate action should be taken on the administrative side,” said Justice S. N. Dhingra of the High Court in his judgment.

The Civil Procedure Code gives powers to the Civil Judge only in respect of property involved in a suit or corpus of suits.

It does not permit him or her to exercise the jurisdiction of a criminal court, the judgment said.

“Where a Civil Judge crosses the limits and passes an order directing registration of an FIR, despite knowing the limits of his jurisdiction, the order has to be considered as dishonest,” Mr. Justice Dhingra observed.

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