Case:- SHIV KUMAR SHAW & ANR. Vs REKHA SHAW
Citation:- 2025 INSC 1123
Date:- 16.09.2025
Hon’ble Supreme Court Bench:- JUSTICE PANKAJ MITHAL & JUSTICE PRASANNA B. VARALE
The Supreme Court recently came across an unusual order of the trial court where it refrained from exercising the jurisdiction just because the timeline prescribed by the Supreme Court for it to dispose of the proceedings was not followed by the trial court.
- The Hon’ble Court expressed displeasure, saying the judge should have sought an extension of time instead of abandoning jurisdiction. The case concerned proceedings in AC-2053/2017 before the Judicial Magistrate, 4th Court, Alipore, South 24 Parganas.
- Earlier, the Hon’ble Supreme Court had, on January 18, 2024, directed the trial court to dispose of the case within six weeks. However, after missing the deadline, the judge passed an order on March 19, 2024, declaring that he had “ceased to have jurisdiction.”
- The Hon’ble Supreme Court called this act “uncommon” and “improper,” stressing that failure to meet a deadline does not mean loss of jurisdiction. The top court directed the District Judge to seek an explanation from the concerned magistrate and submit a report within one month.
The Hon’ble Court reaffirmed that judicial officers must follow due procedure and not abdicate their responsibility when deadlines lapse.
