Supreme Court Calls For Explanation From Magistrate Over Claim Of Losing Jurisdiction After Failing To Dispose Of Matter Within Ordered Time Frame

The Supreme Court directed the District Judge concerned to call for an explanation from the Judge concerned and report to the Apex Court, after the Magistrate refused the decide a case, claiming that he had lost jurisdiction over the matter since he could not decide the same within the time frame fixed by the Apex Court.

The Magistrate will have 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.

The Bench of Justice Pankaj Mithal and Justice Prasanna B. Varale observed, “We are pained to note the manner in which the order has been passed by the learned 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.”

Case Brief

The Supreme Court vide its order dated January 18. 2024, directed a Judicial Magistrate, 4th Court at Alipore, South 24, Parganas to dispose of the case within a period of six weeks. However, the said Judge was not able to dispose of the case within the period prescribed by the Supreme Court and passed an order dated in March, 2024 that since he was unable to dispose of the matter within the stipulated timeframe, he has ceased to have jurisdiction over the matter.

Court’s Observation

The Bench expressed that if, for any reason, the Judge was not able to dispose of the matter within the prescribed time period fixed, the appropriate remedy available to him was to ask for an extension of time.

Crucially, the Supreme Court directed the District Judge concerned to call for an explanation of the Judge and report to the Supreme Court within a month.

“He 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 Court added.

Cause Title: Shiv Kumar Shaw & Anr. V. Rekha Shaw

Appearance:

Petitioner: Senior Advocate Rahul Kaushik and Advocates Rajeev Maheshwaranand Roy, Nilesh Kumar

Respondent: Advocate Shambo Nandy

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