Magistrates should apply mind while deciding cases: High Court

Kolkata: Apparently irked with the decision of a trial court in Howrah to order reinvestigation in a criminal case without giving hearing opportunities to parties concerned, Calcutta High Court observed that principles of natural justice demand that a Magistrate while deciding a case has to apply his mind.

The bench of Justice Shampa Dutt (Paul) was moved by a petitioner challenging an order passed by the learned Chief Judicial Magistrate, Howrah arising out of a Domjur Police Station case under various sections of IPC, Copyright Act and Trademark Act. The CJM had ordered a reinvestigation by appointing a new investigating officer. Such a decision was taken on the basis of a Nazari petition by the de-facto complainant who was dissatisfied with the initial probe. Relying on a Supreme Court’s observation that the power of the Magistrate to direct for further investigation has to be cautiously used, the HC bench observed that no reason was provided for the reinvestigation and the Magistrate only relied upon the entire submissions by the de-facto complainant without even discussing the same. It was observed that the Magistrate only referred to the paragraphs in the Narazi application.

The court observed there was no application of mind by the Magistrate and there has been clearly “an abuse of the power of law/ court”. “The principles of natural justice demand that a Magistrate while deciding a case has to apply his mind as the same involves a person’s (accused) right which on investigation has already been decided in his favour by the submission of a FRT,” the court said.

The trial court was asked to hear the Narazi petition afresh and give hearing opportunities to the parties concerned. Further, it must dispose of the petition in accordance with law by passing a reasoned order within two months from the date of this order.