FIRST LAW

The Calcutta High Court (Appellete Side) in Mukul Roy v. State of West Bengal on 20 July, 2018 directs that Learned Registrar General shall take immediate steps for issuance of suitable guidelines to all the Chief Judicial Magistrates, Chief Metropolitan Magistrates, Additional Chief Judicial Magistrates, Additional Chief Metropolitan Magistrates, Judicial Magistrates through the District Sessions Judges and Metropolitan Magistrates, Calcutta of all the Districts of the State of West Bengal, which guidelines are laid down for application of judicial mind by the Learned Judicial Magistrate while invoking power under Section 156(3) of the Code, as under:-

Criminal P.C. 1973 - S.482 - Penal Code, 1860 - Ss. 420, 406, 506, 294 & 34 - C riminal Proceedings cannot be resorted to settle the civil claims.

Criminal Trial - Investigating Officers should never lose sight of the fact that their investigation should be such that the material collected by them should stand the scrutiny of Courts in accordance with law. Merely nabbing the culprits should not be the ultimate aim of any investigation.