In order to maintain a balance between the interests of the society and protecting the liberty of an individual, the High Court has issued directions that all the Magistrates in the UTs of Jammu and Kashmir and Ladakh be imparted the requisite training on the use of the vital provisions of the Criminal Procedure Code (CrPC). It follows a serious view taken by the court in respect of the abuse of the process of law by a Judicial Magistrate 1st Class.
The said Magistrate, while asking the Police to investigate a complaint and invoke the provisions of Section 156 (3) CrPC had in fact, to ask for an enquiry under Section 202 thus proving either ignorance about the details and the nature of the complaint or about under which section of the CrPC, the matter had to be dealt with. There being sufficient guidelines by way of several judgments from the Supreme Court, the same should have been referred to as guidance is, what the High Court has observed. The court has also directed for circulation of such judgments for all concerned for guidance and reference. Otherwise also, we feel that in every field, regular up-dating and undergoing periodic trainings, workshops, refresher courses and the like was important for better and accurate results and performance. Changing times warrant efficiency and proficiency at all levels and at all costs.
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