SC frowns upon WB judge for abdicating jurisdiction in criminal case

New Delhi, Sep 30 (PTI) The Supreme Court has frowned upon a trial court judge who abdicated jurisdiction in a criminal case on the ground that the time set for the case's disposal by the apex court had lapsed.

A bench of Justices Pankaj Mithal and P B Varale noted that on January 18, 2024, the top court while disposing of a criminal appeal directed a judicial magistrate in Alipore, South 24 Parganas in West Bengal to dispose of the case within four weeks.

The trial judge, however, being unable to dispose of the case within the prescribed period in an order passed on March 19, 2024, cited it as the reason for his abdication.

The bench expressed its displeasure over the judge's decision and said, "We are pained to note the manner in which the order has been passed by the judge. If for any reason, the judge was not able to dispose of the matter within the prescribed time period fixed by this court, the appropriate remedy available to him was to ask for extension of time but he cannot say that he has lost jurisdiction over the matter as the time allowed has lapsed." The top court then directed the district judge concerned to call for an explanation from the trial judge and report about it within a month.

"He (judicial magistrate) has to state as to why and under what circumstances, he has reported that he has ceased to have jurisdiction over the matter and would not proceed any further thereof," the bench said in its recent order.

The top court directed the registry to send its order copy to the authorities concerned and posted the matter for October 27. PTI MNL MNL AMK AMK