A Magistrate must not issue criminal process on omnibus allegations disclosing no offence.

Respondent No. 1 filed a criminal complaint alleging that the petitioners had made false allegations against him, threatened him and used unparliamentary language, and seeking prosecution under Sections 500, 504, 506, 120B and 34 IPC.

The complaint followed events at the workers’ residential area of a hydroelectric project and the complainant’s subsequent attendance before the police and an Executive Magistrate.

The Chief Judicial Magistrate, Kishtwar issued process against the petitioners on 30 May 2024.

The petitioners challenged the complaint and resulting proceedings; despite service, the complainant did not appear before the High Court.

Whether the complaint’s allegations disclosed offences against the petitioners sufficient to justify issuance of process.

Whether the Magistrate’s order issuing process was sustainable where it did not record satisfaction as to the offences made out against the petitioners.

The complaint invoked Sections 500, 504, 506, 120B and 34 of the Indian Penal Code.

The Court stated that a Magistrate issuing process must apply their mind to the material on record and record satisfaction as to which offence or offences are made out; issuance of process is a serious matter, and an order made without that exercise is unsustainable.

The Court found the complaint contained only omnibus allegations and attributed no individual role to the petitioners.

It did not specify the alleged defamatory imputations or the particulars of the threats; a threatened termination from service, in the circumstances alleged, did not constitute a criminal offence.

Nor did the complainant’s being summoned by the police or the Executive Magistrate in the course of their official functions establish an offence by the petitioners.

The Magistrate’s order did not identify the offences made out or record the required satisfaction, reflecting non-application of mind.

It allowed the petition and quashed the complaint and all proceedings emanating from it against the petitioners.

A copy of the order was directed to be sent to the Chief Judicial Magistrate, Kishtwar for information.