Q. In The Given Case, A Magistrate Has Issued Process In A Complaint Lodged After Six Years Of Filing A Non-Cognizable Report With Respect To Same Incident Against The Same Accused. Discuss The Validity Of Such Order ?

Q. Whether The Magistrates & Trial Judges Also Have Responsibility In Safeguarding Citizens' Fundamental Right ?

A. RELEVANT CASE LAW:

KRISHNA LAL CHAWLA v. STATE OF UP LL 2021 SC 145

• The Magistrates and trial Judges have as much, if not more, responsibility in safeguarding the fundamental rights of the citizens of India as the highest court of this land
• Emphasized the role of the lower Judiciary in preventing abuse of criminal court process.
• This is a case that should not have been allowed to reach as far as this Court.