Lower courts should not include every other individual pinned down by the police as an accused in criminal cases without calling for materials to prove their involvement and getting satisfied, prima facie, about the need to prosecute them, the Madras High Court Bench here has said. Justice S. Nagamuthu made the observation while setting aside an order passed by a Judicial Magistrate at Uthamapalayam in Theni district on March 12, 2007 including two individuals as additional accused in a cheating case at the mere asking of the Rayappanpatti police and without any basis.
The judge pointed out that the police had initially booked the case against only one individual. Subsequently, an Assistant Public Prosecutor filed a petition under Section 319 of the Code of Criminal Procedure requesting the Magistrate to add two more individuals as accused in the case. The petition did not contain any detail about the materials available with the prosecution to array the two as additional accused and as to how were they involved in the crime. Yet, the Magistrate allowed the petition and added the duo as accused forcing them to approach the High Court.
Shocked over the injustice that had been caused to the two individuals, Mr. Justice Nagamuthu said: “In the instant case, I regret to say that both the Assistant Public Prosecutor and the learned Judicial Magistrate have failed to discharge their legal obligation in a proper manner.
“I do not understand as to how a Judicial Magistrate can pass such a non-speaking order without reference to the evidence and without reference to the requirement under Section 319 of the Cr.P.C. This is a classic example of how a judicial order should not be passed by any court.”
The judge directed the High Court Registry to forward of a copy of his order to the Magistrate, who was presiding over the court in Uthamapalayam in March 2007, “if he is in service even now and wherever he is, so that he does not repeat the same mistake in the future.”
