Magistrates Should Either Themselves Write Interim Orders Or Let Them Be Typed By Subordinate Staff In Their Presence: Jammu & Kashmir & Ladakh High Court
|The Jammu and Kashmir and Ladakh High Court noted that many trial Magistrates entrust the drafting of the interim orders to the subordinate staff upon hearing the cases under their verbal directions.
The Court observed that the Magistrates are required to either write the interim orders under their own hand or let them be typed in their presence and under their own dictation.
The court observed thus while dismissing a filed under section 528 Bhartiya Nagarik Suraksha Sanhita (BNSS),2023 order passed by the Court of learned Judicial Magistrate 1st Class, R. S. Pura, Jammu(trial court) has framed formal charges against the accused u/s 420, 467, 468, 471 IPC.
Justice Mohd Yousuf Wani stated that “ Most of trial Magistrates entrust the drafting of the interim orders including orders regarding framing of charge to the subordinate staff, upon hearing the cases, under their verbal directions. The Magistrates are required to either write the interim orders under their own hand or let them be typed in their presence and under their own dictation.”
Furthermore, the court added, “Criminal Courts have the power to amend or modify the charge at any stage of the trial… the Trial Court shall see whether in the facts and circumstances of the prosecution case, the offences mentioned in the order dated 06.10.2024 are attracted or not? He shall provide an opportunity of being heard to the Counsel for the petitioner in that behalf and shall modify or alter the charge, if any, required in accordance with the law.”
Advocate Amit Gupta appeared on behalf of the Petitioner, while Deputy Advocate General Pawan Dev Singh appeared for the Respondents.
e matter arose from an FIR lodged by the Tehsildar, R. S. Pura, Jammu prima facie disclosed the commission of cognizable offences including the offences relating to cheating, forgery, fabrication of false evidence/statement, etc.
Cause Title: Ashok Kumar Bhagat vs. UT of J&K and Anr. [CRM(M) No. 327/2025]
Appearance:
Petitioner Advocate Amit Gupta
Respondent Deputy Advocate General Pawan Dev Singh
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