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'Judge acts like God, he should not make mistakes': Yet again High Court pulls up magistrate for issuing summoning order in pre-printed format
Sanjay and Ors Vs State of UP and Anr
APPLICATION U/S 482 No. - 18422 of 2020
About/from the judgment:
The remarks were made in an application filed under Section 482 of CrPC for quashing of a summoning order mechanically passed by the Chief Judicial Magistrate, Agra, on a printed-proforma.
The High Court had inquired from the concerned CJM why despite repeated orders of the Court, did he proceed to issue summons on a printed-proforma, without providing any reasons.
In the explanation given by the Magistrate, it was submitted that due to huge work-load and by mistake, he had passed the summoning order on a printed proforma. The magistrate further tendered an unconditional apology.
At this juncture, dissatisfied with the Magistrate's response, the Court remarked,
"The explanation given by the concerned Magistrate is not acceptable because if a Judge makes such a mistake, then from where will the general public get fair justice…At the present time, only from the temple of justice like Courts, everyone hopes for right and fair justice."
However, the Bench let of the Magistrate with a warning to remain more careful and cautious in future while passing any judicial orders.
"The Chief Judicial Magistrate, Agra shall ensure that such orders on a printed proforma are not passed by any judicial officers of Judgeship Agra," the Bench ordered.
Cognizance/ summoning orders passed on printed proforma were set aside by the Allahabad High Court in Vishnu Kumar Gupta & Anr. v. State of UP & Anr. Various Benches of the High Court have also passed orders directing the subordinate courts to pass cognizance/ summoning orders with application of mind, giving satisfactory reasons.
Even on the administrative side, the High Court has issued circulars to the subordinate courts from time to time, restraining them from passing cognizance/ summoning orders on a printed proforma without application of mind.
In this backdrop, the Single Judge had asked the concerned to Magistrate to file an explanation for passing a judicial order, without application of mind, on a printed format.
"Normally, this Court would have set aside such cognizance/summoning orders and directed the court below to pass a fresh orders by giving reasons, but this Court finds that despite repeated orders of this Court on judicial side as well as administrative side, everyday various applications under Section 482 Cr.P.C. are being filed before this Court challenging the cognizance/summoning orders passed on a printed proforma, which takes precious time of this Court.
This Court, therefore, directs the, District Agra to send his report by the next date after calling for comments of the concerned Magistrate as to why such orders are being passed on a printed proforma, despite various orders of this Court," the order dated January 6 stated.
The High Court recorded its dissatisfaction at the manner in which the CJM, Agra had flouted the superior Court's directions and cautioned him to be more careful.
"It would not be in the interest of justice to proceed further against the concerned Magistrate, keeping the present application pending. Therefore, this Court warns the concerned Judicial Magistrate to remain more careful and cautious in future while passing any judicial orders," said the Bench.
Thereafter, it set aside the impugned order on being informed that absolutely no reasons have been mentioned for summoning the applicant. Further, it directed the CJM to pass a fresh, speaking and reasoned order, after perusing the entire records, in accordance with law, preferably within two months.
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