Magistrate's casual approach in handling case where police failed to act draws J&K HC's censure
High Court of Jammu & Kashmir, Srinagar

Magistrate's casual approach in handling case where police failed to act draws J&K HC's censure

Once the case discloses a cognizable offence and the police fail to act, the Court emphasised that it is the Magistrate's duty to direct the police to investigate, rather than simply forwarding the complaint to the SHO

The Jammu and Kashmir High Court at Srinagar recently took critical note of a Judicial Magistrate's abdication of duty in a case where the police had failed file an FIR despite a cognizable offence being disclosed (Sher Ahmad Khan v. UT of J&K and Ors).

As such, the High Court had to intervene to direct the SHO of the Police Station at Kralpora to register an FIR in the matter in terms of the law laid down by the Supreme Court in Lalita Kumari's case.

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