Trial Judge Can't Refuse To Decide Case Saying Timeline Set By Supreme Court Expired : SC

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.

“We are pained to note the manner in which the order has been passed by the learned Judge. If for any reason, the Judge was not able to dispose of the matter within the prescribed time period fixed by this Court, the appropriate remedy available to him was to ask for extension of time but he cannot say that he has lost jurisdiction over the matter as the time allowed has lapsed.”, the Court observed.

A bench of Justices Pankaj Mithal and Prasanna B Varale heard the miscellaneous application filed in a criminal appeal where the Court by its order dated 18.01.2024 directed the Judicial Magistrate, 4th Court at Alipore, South 24, Parganas to dispose of AC-2053/2017 within a period of six weeks.

Since the trial court Judge was not able to dispose of the aforesaid case within the period prescribed by the Supreme Court, an order dated 19.03.2024 was passed that since he is unable to dispose of the matter within the stipulated timeframe, he has ceased to have jurisdiction over the matter.

Noting that the trial judge's act was uncommon, the court directed the District Judge concerned to call for an explanation of the Judge concerned and report to this Court within a month.

“He has to state as to why and under what circumstances, he has reported that he has ceased to have jurisdiction over the matter and would not proceed any further thereof.”, the court directed.

Cause Title: SHIV KUMAR SHAW & ANR. VERSUS REKHA SHAW

Citation : 2025 LiveLaw (SC) 967

Click here to read/download the order

Appearance:

For Petitioner(s) Mr. Rahul Kaushik, Sr. Adv. Mr. Rajeev Maheshwaranand Roy, AOR Mr. Nilesh Kumar, Adv.

For Respondent(s) Mr. Shambo Nandy , AOR