Showing posts with label rubber stamp. Show all posts
Showing posts with label rubber stamp. Show all posts

Sunday, 2 June 2013

Whether putting of rubber Stamp of guilt of accused on charge sheet by Magistrate is objectionable?

A contention has also been raised in some of the petitions/
applications   that   the   trial   proceedings   are   not   proper   because   the
rubber stamp impression of the order that would ultimately be passed
in the proceedings had already been put on the charge­sheet.  Such a
question   has   been   specifically   raised   in   some   of   the   petitions/
applications  and it is  contended  that  this  shows  non­application  of
mind on the part of the Magistrate.    It is attempted to suggest that
putting   of   a   rubber   stamp   indicates   that   a  Magistrate   has  already
decided   to   hold   the   accused   guilty.     I   find   no   substance   in   this
contention.
It appears that in order to save time, such rubber stamps
were already put on the said 'charge­sheets', but from this it cannot be
suggested   that   the   Magistrate   thereby   committed   any   illegality.
Certainly,   if   an   accused   would   plead   not   guilty,   the   rubber­stamp
impression would have no meaning and would be cancelled by  the
Magistrate.  There is nothing illegal in the use of such rubber stamps,
provided such use in accordance with the provisions of the Criminal
Manual.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1849 OF 2010

Shri Sandeep Indravadan Sagar  State of Maharashtra and others 

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