On Monday, the Allahabad High Court observed that a Judge acts like a god; therefore, they should not make mistakes due to excess workload. The Bench further observed how an ordinary person would get justice if a judge makes a mistake due to excess workload.
The Bench made the observations described above during the hearing of an application filed u/s 482 of CrPC for quashing a summoning issued mechanically by CJM, Agra on a printed proforma.
Hon’ble High Court asked the Chief Judicial Magistrate, Agra why he had issued a summoning order on a printed proforma, without stating any reason. The CJM told the Court that he had issued the summoning order on a printed proforma due to excess workload and by mistake and tendered an unconditional apology to the Court.
However, the Court was dissatisfied with the response and remarked that if judges make such mistakes, the general public won’t get justice and the general public looks up to courts to get right and fair justice.
In this regard, the Court directed Chief Judicial Magistrate, Agra to ensure that judicial officers should not pass such orders on a printed-proforma.
Background of the case:
By its judgement in Vishnu Kumar Gupta vs the State of UP, the Allahabad High Court had discontinued the practice of issuing cognizance/summoning order on a printer proforma. Various Benches of the Court have also directed subordinate courts to pass summoning order after application of mind, and they should also provide sufficient reasons for the same.
Application of judicial mind is paramount
In this instance, the Court asked the Magistrate to explain why he issued a summoning order without providing reasons and without application of mind?
In this regard, the Court remarked that they usually would have asked the subordinate Court to pass a fresh order. Despite repeated orders, courts have continued to issue summoning orders on a printed-proforma that are then challenged and waste precious time of the High Court.
Therefore, in the instant case, the High Court asked the Magistrate to explain why he had issued a summoning order on a printer proforma without giving any reasons.
During Monday’s hearing, the Court expressed its displeasure on how the CJM flouted Apex Court’s guidelines and told the CJM to be more careful while issuing summoning orders.
The Court proceeded to set aside the summoning order and directed the CJM to pass a fresh, well-reasoned order after going through the case’s entire records.
Title: Sanjay & Ors vs State of UP & Anr
Case No.:APPLICATION Under Section 482 No. – 18422 of 2020
Date of Order:18.01.2021
Coram: Hon’ble Justice Manju Rani Chauhan