HC directs Registrar General to issue circular to remind Judicial Magistrates on provisions to be followed during committal proceedings

The Madurai Bench of the Madras High Court has directed the Registrar General of the Madras High Court to issue a circular to remind Judicial Magistrates about the provisions under Section 232 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) that the committal proceedings have to be concluded within a period of 90 days and in exceptional cases within 180 days.

Justice B. Pugalendhi directed the Judicial Magistrates to handle with certain responsibility the petitions filed under Section 355 of BNSS (Section 317 CrPC) during the committal proceedings, by the accused to dispense with the personal appearance. Otherwise, necessary actions would be initiated against the Magistrates concerned, the court observed.

The court was hearing a bail petition filed by Saronraj alias Nagaraj of Dindigul district, an accused in a 2016 murder case. He was the main accused in the case and since he was absconding, the case was split up. In 2017, one of the eye witnesses in the murder case was murdered. The chargesheet was filed in the 2017 case and it was taken on file by the Judicial Magistrate, Dindigul in 2018. However, it is still pending for committal for the past six years, since one after the other accused were absconding. The petitioner was arrested in 2023.

The judge observed that after nearly six years the case has now been committed only after the court had raised some queries. If this is how the trials are conducted, naturally, then all the accused have to be acquitted and no witness would come forward to depose against the accused. Merely registering a case and filing a final report is not enough. The police shall also ensure that the witnesses are protected and that the witnesses depose before the court without any fear or threat.

An eye witness in a murder case was murdered, for which, the Judicial Magistrate has delayed the committal proceedings for six years. If this is the state of affairs, then no witness would have the moral courage to appear before the court during the trial and depose against the accused. This needs to be addressed, the court observed.

The Superintendent of Police, during the weekly/monthly review meetings, ought to have followed-up the long pending cases, which are at the stage of PRC and at trial. The Inspector General of Police (South Zone) has submitted before the court that the Sub Divisional Officers were directed to review the PRC stage pending cases and to ensure committal of those cases. In cases of NBWs pending, special teams will be formed to nab the absconding accused, the court observed.

The court dismissed the bail petition and directed the Registrar General to call for an explanation from the Judicial Magistrates concerned who have dealt with the case from October 2018 to March 2024.

Published - October 14, 2024 08:39 pm IST