AI Structured Summary
Not yet generated for this judgment
Judgment
Perused the enquiry report received from the court of Sri Abhijit Kumar, learned A.C.J.M.-III, Patna. According to this report when the learned
A.C.J.M.-III, Patna called for the records of Rajeev Nagar P.S. Case Nos. 157/2017 and 132/2017 and went through the same, he found that an
application dated 21.02.2018 had indeed come to be filed in Rajeev Nagar P.S. Case No. 132/2017, but filing of the said application could not be
mentioned in the order-sheet by the office. A plea has been taken that it could only be traced out on 30.07.2018, meaning thereby that after this court,
vide its order dated 26.07.2018 called upon the learned A.C.J.M.-III, Patna to examine, verify and enquire into the matter. A copy of the application
dated 21.02.2018 has been brought on record with report as Annexure-1.
This court has perused the said application. It is apparent from the same that it does not bear any court seal which is required to be put over any
document which is filed in a court proceeding, this kind of document which does not bear court seal and is not mentioned in the order-sheet of the case
file, if allowed to be entertained and be given a status of the court record, this court is afraid that in such a situation the court may be flooded with
such kind of application or document which may be created at any stage by taking the persons, in position in office of the court, in confidence and
conspiracy and this may be a disastrous situation where the sanctity of the court record will be gone.
Since the manner in which the application dated 21.02.2018 has now been shown as part of the order does not inspire confidence to this court, the
learned District & Sessions Judge, Patna is directed to look into the matter, examine it and then take appropriate steps not only to constitute an enquiry
in the matter to find out how and in what circumstances such application or letter, which does not bear seal of the court and not mentioned in the
order-sheet of the file, has formed part of the record. It is expected that the learned District & Sessions Judge, Patna shall take the enquiry to its
logical conclusion, and at the same time shall come out with some sort of directions to the presiding officers of the court to ensure that the record of
the case file must mention filing of a document in the court proceeding in accordance with the rules and guidelines issued on this behalf.
Let a copy of this order be sent to the learned District & Sessions Judge, Patna for necessary action.
With the aforesaid directions, this application is disposed