Observing that the court cannot reframe a legislation by adding words to the statute, the High Court of Karnataka has declined to issue direction to the judicial magistrates to affix their signature on every page of the case dairy maintained by the investigation officers in all types of criminal cases.
Justice M. Nagaprasanna passed the order while rejecting a petition filed by Mohammed Shiyab, accused number-8 in BJP Yuva Morcha member Praveen Nettaru’s murder case.
It was contended on behalf of the petitioner that investigating officers can tamper with the case diary when it is not signed by the magistrate at every stage when the diary is produced before the court as per the law. It was also contended on behalf of the petitioner that procedure of affixing signature of the magistrate on the case diary exists in some of the States.
