It is the responsibility of the Magistrates as well as Trial Judge in safeguarding the fundamental rights of the citizens of India. An efficient role must be played by the lower Judiciary for the prevention of abuse of criminal court process.
21 May 2021 04:10 pm
8th March 2021
Justice Mohan M.
(Sections 154,200,468 CRPC & Section 506 IPC)
It is the duty of the Trail Court and the Magistrates to examine whether the allegations in the private complaint are frivolous or not. Under the provisions of the constitution and the Criminal Procedure Code, it is the duty of the court to check its authenticity at the early stage only. It was further stated that: “The Trail Courts and the Magistrates have an important role in curbing the justice. They are the first lines of defence for both the integrity of the criminal justice system, and the harassed and distraught litigant. We are of the considered opinion that the trial courts have the power to not merely decide on acquittal or conviction of the accused person after the trail, but also the duty to nip frivolous litigation in the bud even before they reach the stage of trail that comes at the cost of public money, but would also protect the right to liberty that every person is entitled to under Article 21 of the Constitution. In this context, the trial judges have as much, if not more, responsibility in safeguarding the fundamental rights of the citizens of India as the highest courts of this land”. It was further observed that “When a police complaint is filed on the commission of a cognizable offence under section 154 CRPC, the Magistrate decides if the charge against the accused person is made out before the trial begins. Separate procedure is prescribed if the complaint under section 200 CRPC is filed. The aforesaid proceeding forward after it is set in motion by the informant/complainant. Consequently, and automatically, the Magistrate also carries the responsibility for ensuring this stream does not carry forward in cases where it should not. The aforesaid powers bestowed on the Magistrate have grave repercussions on individual citizens’ life and liberty. Thus, these powers also confer great responsibility on the shoulders of the Magistrate- and must be exercised with great caution, and after suitable judicial application of mind.
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