A CONSPIRACY TO OBSTRUCT THE APPROACH TO GOVT

VISION FOR ALL

• 270 Posts
• 28 Comments

The Code Of Criminal Procedure,1973 has provided many special powers to the executive magistrate like the District Magistrate,Additional District Magistrate,Sub Divisional Magistrate etc.But most of these powers are functioned by these officers not by his administrative office but only by his court.It is not easy for a common/poor man to approach before a court which requires hiring a lawyer and submitting court fees and going through filing procedure like affixing stamps etc and then pray for the reliefs ,but one can easily approach to the office of an officer.Nowhere in the code of criminal procedure,1973,it is written that an application will be made before an executive magistrate only through his court but procedure under sections 107 to 124 of the CrPC for making bond for security against breach of peace,under section 144 of the CrPC for passing prohibitory orders against land disputes,under section 145 of the CrPC for passing final orders where dispute concerning land or water is likely to cause breach of peace,under section 133 of the CrPC for passing Conditional order for removal of nuisance,section 39 of the CrPC for receiving information through public as to commission or design to commission of certain offences etc,etc is not only functioned through the court of these officers but also an application under these above sections are filed only before the court and if one makes an application under these sections to the office of the said officer or meet directly with him along with an application,then this application can’t be taken up for hearing in the court of these officers.

I agree that such procedures as referred above can be followed only through the court but so far procedure of making application is concerned ,then i am of the opinion that if an application under these sections is made to his office or directly by meeting him,then also such application should be taken up for hearing in the court and it is on the desire of an executive magistrate whether he takes up same application for hearing in his court or not but it must be made mandatory and also public should be made aware that a person can file an application under above referred sections even through his administrative office or through directly meeting the officer without making an application before his court .

Application filing procedure should be simplified and same should be accessible for all.

How all state Govts have made procedure of filing application under these sections only before the court of these officers? It appears a conspiracy of these Govts to obstruct the approach to Govt.

I request Mr Amitabh Thakur and Mrs Nutan Thakur to file an PIL in this regard either before the Lucknow Bench of Allahabad High Court or the Supreme Court Of India,as he/she thinks fit,to meet the end of the justice for the common/poor man.
……………………………