Order of Judicial Magistrate set aside

The Madras High Court today set aside an order of a Judicial Magistrate to prosecute a Superintendent of Police for not obeying the summons issued by the court.
Justice P N Prakash, who went through the legality of summoning the police officer, said in his order that the Judicial Magistrate had erred in his action taken.
The court should have given a reasonable opportunity to the officer to produce the documents with regard to providing information about two long-pending cases, the judge said.
Despite such opportunity, if the person failed to provide the documents, the court could initiate proceedings. The magistrate, however, only sent reminders, the judge said.

"Had the magistrate followed the provisions in letter and spirit, the Superintendent would not have had an escape route, the judge said on a Criminal Original Petition filed by the Superintendent of Police, Thiruvannamalai.
"This court, however, appreciates magistrate S Annamalai for being intrepid and proactive instead of simply ruing in despair.

He had "stirred the hornet's nest by launching prosecution against the SP," the judge said, adding that "because of his action, the district police started clearing the dust on all the old cases."
The matter pertains to two cases which were pending for two decades and another for a decade respectively before the Judicial Magistrate, Cheyyar, one with regard to the issue of non-bailable warrant to an accused and another one with regard to withdrawal of a case.

Despite the summons issued to the SP with regard to non-completion of two cases, the magistrate registered a complaint against the police officer.
Explaining the relevant legal provisions, the judge said said "No man shall be a judge in his own cause." The judicial magistrate could not act in a dual capacity-both as a complainant and as a judicial officer to take cognizance of the offence.
He should have, instead, drafted a complaint as a public servant under section 175 of IPC (omission to produce document to a public servant by a person legally-bound to produce it).
Then the complaint could be forwarded to the Chief Judicial Magistrate for initiating proceedings," the judge said and quashed the order of the Judicial Magistrate.