NDLI: Smt. Mona Panwar Vs. The Honble High Court of Judicature At Allahabad Through Its Registrar and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Judicial restraint
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Judicial restraint: Disparaging remarks normally should not be made against the members of the lower judiciary. Higher courts should observe restraint - In the instant case, application was filed u/s.156(3),Cr.P.C. by a woman alleging that her father-in-law had committed rape on her and the police had refused to register her FIR - Appellant-judicial officer passed an order registering her application u/s. 156(3), Cr.P.C. as complaint and directing registry to present the file before her for recording the statement of the complainant u/ s.200, Cr.P.C. - Single Judge of High Court held that the appellant had done the gravest injustice to the complainant and she being a lady magistrate ought to have thought about the nature of crime committed by the accused and the order was passed ignoring all judicial disciplines and without application of judicial mind - Appellant sought expunging of remarks - Held: Disparaging remarks made by the Single Judge of the High Court were not justified at all - While passing the order registering application u/s.156(3), Cr.P.C. as complaint, the appellant had considered the report called from the concerned police station wherein it was mentioned that no case was registered on the basis of complaint - At the time of filing of application before the appellant, the complainant had filed her own affidavit, copy of the application sent by her to the Senior Superintendent of Police with its postal registration and photocopy of the medical certificate .If on a reading of a complaint, appellant found that the allegations therein disclosed cognizable offence and forwarding of the complaint to the police for investigation u/s. 156(3), Cr. P. C. would not be conducive to justice then there was no error on her part in adopting the course suggested in s.200, Cr.P.C. - The judicial discretion exercised by appellant was in consonance with the scheme postulated by the Code and was neither arbitrary nor perverse - Disparaging remarks made by the Single Judge of the High Court quashed - Code of Criminal Procedure, 1973 - ss.156(3), 200. Code of Criminal Procedure, 1973: s.156(3) - Power of Magistrate under - Discussed.
Judge	Hon'ble Mr. Justice J.M. Panchal
Neutral Citation	2011 INSC 91
Petitioner	Smt. Mona Panwar
Respondent	The Honble High Court Of Judicature At Allahabad Through Its Registrar And Others
SCR	[2011] 2 S.C.R. 413
Judgement Date	2011-02-02
Case Number	298

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Smt. Mona Panwar Vs. The Honble High Court of Judicature At Allahabad Through Its Registrar and Others

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Smt. Mona Panwar Vs. The Honble High Court of Judicature At Allahabad Through Its Registrar and Others

Smt. Mona Panwar Vs. The Honble High Court of Judicature At Allahabad Through Its Registrar and Others

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