GLIMPSE OF A LATEST VERDICT* *Crl. O.P. 10031/2021* Aarthi Vs. The Superintendent of Police Dated: 30.06.2021 *Hon’ble Justice M. Nirmal Kumar* disposed of the Criminal Original Petition while directing the 2nd Respondent police to independently consider the complaint lodged by the Petitioner in the matter relating to *“Judicial Magistrates should not pass mechanical orders”* and further observed and held the following:

*GLIMPSE OF A LATEST VERDICT*

*Crl. O.P. 10031/2021*
Aarthi Vs. The Superintendent of Police
Dated: 30.06.2021

*Hon’ble Justice M. Nirmal Kumar* disposed of the Criminal Original Petition while directing the 2nd Respondent police to independently consider the complaint lodged by the Petitioner in the matter relating to *“Judicial Magistrates should not pass mechanical orders”* and further observed and held the following:

i) The Court did not approve the manner in which the orders were passed under Section 156(3) Cr.P.C., since it is not proper and it is in printed form which ex-facio reflects non-application of mind by the learned Magistrate while passing the order under Section 156(3) Cr.P.C., by directing the respondent Police to expedite the enquiry based on the complaint given by the complainant and comply the same within a period of two months from the date of the receipt of the copy of the order.

ii) The Hon’ble Court advised Judicial Magistrates to follow the guidelines placed in Sakiri Vasu Vs. State of UP [(2008) 1 SCC (Cri) 440] and Priyanka Srivastava Vs. State of UP [(2015) 6 SCC 287]. Relevant portions of a plethora of caselaws have been extracted for the benefit of better understanding the powers and functions bestowed upon Judicial Magistrates under Section 156(3) of Cr.P.C. The purpose of the extracts is to remind the Judicial Magistrates to follow them and to also identify the difference between S. 156(3) and S. 202 of Cr.P.C.

iii) The Hon’ble Court observed that the Hon’ble Supreme Court had passed several directions to circulate the judgements among the learned Magistrates so that they may be more vigilant and diligent while exercising the powers under S.156(3) of Cr.P.C and would henceforth not pass mechanical orders.

iv) The Hon’ble Court disposed of the matter while giving liberty to the petitioner to agitate his rights by filing protest petition before the concerned Court and further, directed the 2nd Respondent police to independently consider the complaint lodged by the petitioner on 24.05.2021 which is an offence committed at a later point of time taking advantage of the closure report, dated 22.02.2021.