The Supreme Court on Friday expressed its displeasure over a trial judge in Alipore, South 24 Parganas, who declared that he had “ceased to have jurisdiction” in a pending matter simply because the court-mandated deadline to conclude it had expired.
The case stems from a 2017 criminal proceeding (AC-2053/2017) which the apex court had earlier directed to be decided within six weeks. However, when the deadline lapsed, the magistrate passed an order in March this year stating he could no longer hear the matter.
A bench of Justices Pankaj Mithal and Prasanna B. Varale said the judge’s approach was not acceptable. If unable to complete the trial on time, the bench noted, the proper course was to seek an extension from the higher court, not to abandon jurisdiction altogether.
Directing accountability, the Supreme Court ordered the District Judge concerned to obtain a written explanation from the magistrate and submit a report within one month. The petitioner’s counsel has also been given two weeks to file reasons for the delay.
With these directions, the top court has placed the responsibility back on both the local judiciary and the parties to ensure progress in the long-pending matter.
Case Title: Shiv Kumar Shaw & Anr. vs. Rekha Shaw
Date of Order: 26 September 2025
