Powers of Magistrate to issue process and summons is matter of grave importance, to be exercised only after satisfaction that real case is made out
Upon receipt of a private complaint, the Magistrate must first, scrutinise it to examine if the allegations made in the private complaint, inter alia, smack of an instance of frivolous litigation; and second, examine and elicit the material that supports the case of the complainant. It is said that every trial is a voyage of discovery in which the truth is the quest. In India, typically, the Judge is not actively involved in ‘factfinding’ owing to the adversarial nature of our justice system.
This wider-ranging power of the Magistrate to issue process further demonstrates the central role played by the Magistrate in the quest for justice and truth in criminal proceedings and must be judiciously employed to stem the flow of frivolous litigation. All of this leads to one inescapable conclusion that the Trial Judge has a duty under the Constitution and the CrPC, to identify and dispose of frivolous litigation at an early stage by exercising, substantially and to the fullest extent, the powers conferred on him. Trial courts and the Magistrates have an important role in curbing injustice as they are the first lines of defence for both the integrity of the criminal justice system and the harassed and distraught litigant.
In the present case, parties are neighbours and involved in prolonged litigation. Allegations that accused persons came to the complainant's house, beat him and his wife with iron rods, and threatened to kill them. Before the said incident, there were disputes between the parties in 2006. A mutual settlement took place and a penalty was also imposed on both parties for different disputes. Still, parties have been at loggerheads from 2006 onwards and fighting litigations on one pretext or the other since 2006. Though they were agriculturists and neighbours, peace did not prevail between them, which resulted in several cases being lodged by them against each other. The incident occurred in 2012, private complaint was filed in 2018 that is about six years from the date of the alleged incident. In the private complaint, not only new allegations were added but all allegations are wilder and different from the averments made in the complaint in 2012, though the incident was the same as happened in 2012.
Trial courts have the power to not merely decide on acquittal or conviction of the accused person after the trial, but also the duty to nip frivolous litigations in the bud even before they reach the stage of trial by discharging the accused in fit cases. This would not only save judicial time that comes at the cost of public money but would also protect the right to liberty that every person is entitled to.
