Excelsior Correspondent
Jammu, June 1: Chief Judicial Magistrate, Jammu returned case titled “State Vs. Rajinder Singh & Ors” to Special Mobile Magistrate (Electricity), Jammu for disposal under law after said court submitted the same to Chief Judicial Magistrate on noticing that challan on hand was earlier transferred to Sub-Judge (JMIC) Jammu for disposal under law on 29.02.2020 and same was retained by Investigating Officer from 02.03.2020 without any order.
After noticing this aberration, Electricity Magistrate, Jammu submitted the file to Chief Judicial Magistrate, Jammu. While returning the challan, court noted that “It needs neither any re-iteration nor an emphasis that once challan is transferred to a Magistrate by the Chief Judicial Magistrate, for disposal under law, it then is the solemn obligation of the transferee court to pass appropriate order in the matter on noticing any aberration like one noticed by Magistrate supra. He added that once the court recorded in its order dated 31.05.2022 an observation that Investigating Officer retained file with him from 02.03.2020, it then was obliged to seek necessary explanation from the Investigating Officer and thereafter to pass appropriate orders in the matter.”
“Effectively therefore, after noticing the aberration as aforesaid in its order dated 31.05.2022, Magistrate supra ought to have passed an order consistent with law instead of submitting the file to this court.”
With these observations, court directed that file be sent back to the court of Special Mobile Magistrate (Electricity), Jammu for disposal under law as also for passing appropriate order pursuant to what is recorded in order dated 31.05.2022 as trial court seized of the matter.
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