The Hindu : Front Page : Magistrate pulled up for taking case on file in “cavalier” fashion

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Magistrate pulled up for taking case on file in “cavalier” fashion

Special Correspondent

Stringent action should be taken against her: HC

“Supreme Court principles given the go-by”
Magistrate had been pulled up earlier

CHENNAI: Noting that a city Magistrate has taken on file a case which is essentially of a civil nature but given a cloak of criminal offence, the Madras High Court has said that it feels that stringent action should be taken against her.

Allowing a petition seeking to quash the complaint and proceedings on the file of the X Metropolitan Magistrate, Egmore, the High Court also ordered costs of Rs.25,000 to be paid by the complainant to two petitioners in equal proportion.

Not a short cut

In his order, Justice K.Mohan Ram, said that as pointed out by the Supreme Court, criminal proceedings were not a short cut to other remedies available in law. Before issuing process, a criminal court had to exercise a great deal of caution.

For the accused, it was a serious matter, but the Magistrate had given the go-by to the principles laid down by the Supreme Court and had taken the complaint on file without application of mind in a mechanical and cavalier manner.

Condemnable

Such conduct on the Magistrate’s part was condemnable.

If complaints of this nature, which were purely civil in nature, frivolous and vexatious, were taken on file indiscriminately without application of mind, the litigating public would not only be put to harassment, but would lose faith in the very judicial system.

Previous instance

The Judge said that on an earlier occasion on coming to know of the indiscriminate manner in which private complaints filed under sections 156 (3) and 200 Cr.P.C. were being entertained by Judicial Magistrates/Metropolitan Magistrates in the State and after calling for details, Justice R. Regupathi, by a common order, had come down heavily on such Magistrates and one among them was the X Metropolitan Magistrate, Egmore.

But subsequent to the aforesaid directions also, some instances had come to the notice of the High Court that the Magistrate was adopting the same procedure.

Mohan Nair and C.V. Ramesh filed a petition before the High Court seeking to quash the complaint filed for alleged fraud and cheating. The petitioners said they were served with summons from the X Metropolitan Magistrate court in August last year. The complainant’s name was given as M.S.Margasagayam.

Summons

The petitioners submitted that the Magistrate had issued summons against them on the basis of a complaint in which there were no allegations whatsoever to show as to how and in what circumstances and in relation to what matter, the petitioners were alleged to have committed fraud and cheated the complainant.

The petitioners were employees of the public sector Bharat Petroleum Corporation Ltd, which had an outlet at Maduravoyal, on the city’s outskirts.

They had no personal connection with the said outlet and were duly involved with the outlet in their official capacities.

The complainant was one of the co-owners of the property where the corporation was carrying on its business.

No case

The Judge said the complaint did not make out any case, much less prima facie case, a condition precedent to set criminal law in motion.

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