Supreme Court says judge "lacks fundamental knowledge" for initiating criminal proceedings in own case

The Supreme Court on Wednesday came down heavily on a judicial officer from Jharkhand for initiating criminal proceedings in a case concerning himself without seeking prior permission of the High Court. .A Bench of Justices Vikram Nath and Sandeep Mehta said the officer lacked the “fundamental knowledge required to be a judicial officer” and questioned how he could set criminal law in motion in a matter concerning himself without following due procedure.“Did he (the judge) have permission from his High Court before filing a police complaint? The compliant was purportedly filed alleging that something was printed in relation to what you were doing while discharging your official duties.CCS rules require a Judicial officer cannot go around filing FIRs. If judicial officer doesn't have this knowledge, he does not deserve to continue. He doesn’t have basic fundamental knowledge required to be a judicial officer. Malicious prosecution he’s indulging in,” the Bench remarked.It then rejected the judge's plea against a High Court order that had quashed the criminal case initiated by him. .The case traces back to 2018, when the officer was posted as Secretary of the District Legal Services Authority (DLSA) at Garhwa Civil Court. According to him, he had exposed irregularities in the appointment of a Para Legal Volunteer named Chanda Devi. She was later taken into custody and removed from her post after inquiry.The officer alleged that following this action, Chanda Devi and her mother developed hostility towards him and filed false criminal cases as counterblast. He claimed those cases were found baseless during investigation.He further alleged that Chanda Devi and her mother colluded with a newspaper editor and caused defamatory articles to be published in newspapers such as Khabar Mantra and Dainik Bhaskar on March 25, 2019. The reports, he claimed, portrayed him in a sensational and scandalous manner, damaged his reputation and were intended to extort money from him..On this basis, the judge got a First Information Report (FIR) registered at Giridih (T) Police Station in 2020 under relevant sections of the Indian Penal Code (IPC). After investigation, the police filed a charge sheet in August 2023. The Sub-Divisional Judicial Magistrate, Giridih, took cognisance of the offences on September 8, 2023 and summoned the accused (Chanda Devi) to face trial.However, the accused approached the Jharkhand High Court seeking to quash the proceedings.The High Court allowed the plea and quashed the entire criminal case. It treated the matter primarily as one of criminal defamation and relied on legal principles governing prosecution of defamation cases. Aggrieved, the judicial officer approached the Supreme Court contending that the High Court had exceeded its jurisdiction..Before the top court, the judge argued that the case was not one of mere defamation but also involved extortion, which is a cognisable offence and warranted police investigation. He claimed the High Court had effectively conducted a mini-trial at the quashing stage.However, when the matter came up, the Bench focused on the conduct of the officer himself. The Court took serious exception to the officer for getting an FIR registered and initiating criminal proceedings on his own instance without taking prior permission from the High Court - especially in a case where his judicial propriety was in question. It emphasised that a serving judicial officer was expected to be aware of the legal framework governing initiation of criminal proceedings and the requirement of institutional discipline.Consequently, the officer withdrew the plea. .The officer was represented by advocate Tom Joseph. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.