Madras HC condemns conduct of Magistrates in not taking 1, 72, 602 cases on file
Chennai: Condemning the conduct of the trial courts in not taking on file 1, 72, 602 cases even though the chargesheet were filed within the stipulated time, the Madras high court has directed them to take the cases on file and commence the trial immediately without any further delay.
Justice M.V.Muralidaran, who gave the directive, said, “The averment made in the affidavit of the DGP, shocks the conscience of the court as it depicts that from the year 2010 to 2018 the trial courts have not taken on file 1, 72, 602 cases even when the chargesheets were filed within the stipulated time.
No accused should go unpunished. This court is unable to presume as to how many accused are left scot-free because of such non taking of the charge sheet on file. This is a matter of grave concern and this court expresses its displeasure and proposes to take appropriate action against the Magistrates”.
On a bare reading of the affidavit of the DGP, it is seen that in the year 2010 alone, 1,778 cases have not been taken on file by the trial courts for the reasons best known to them. “This court by no stretch of imagination can approve such conduct on the part of the Magistrates in the State of Tamil Nadu. In all, for the period from 2010 to 2018 the trial court have not taken on file 1, 72, 602 cases and such conduct is highly condemnable and hampers the very cause of justice”, the judge added.
The judge directed the district judges and chief judicial magistrates of districts in the state, to wade through the statement given by the DGP, and issue suitable directions to the trial magistrates in respect of their respective districts to identify the cases which fall within the data and proceed with the cases by taking the same on file and the trial should be commenced immediately without any further delay.
The magistrates in the state, before whom the cases numbering 1, 72, 602 were identified to be pending, to ensure that all the cases were taken on file and assigned number and thereafter proceeded in accordance with law. Reports should be filed by the magistrates before their respective chief judicial magistrates and the district judges within a period of three months. The registrar general of this court was directed to issue suitable directions to the district judges and chief judicial magistrates of the respective districts for taking the cases mentioned in the affidavit of DGP on file without any further delay.
“The registrar general to monitor the progress made in this regard and get periodic reports, in any event within a period of three months”, the judge added.
