In the case titled Gajendra Singh Negi and Another vs. State of U.P., the applicants, Gajendra Singh Negi and another individual, were summoned to face trial under Section 3(1) of the U.P. Gangsters Act by an order dated October 28, 2020. The order was purportedly issued by the Special Judge, Gangsters Act, Kanpur Nagar. However, it was later discovered that the presiding officer was on leave on that date, raising serious questions regarding the legitimacy of the order.
The applicants challenged the order by filing an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), seeking to quash the summoning order. The case was brought before Justice Saurabh Shyam Shamshery of the Allahabad High Court.
Legal Issues Involved:
The central issue in this case revolved around the validity of a judicial order that was allegedly signed and issued by a judge who was not present on the date the order was purportedly made. This raises significant concerns about judicial misconduct and the integrity of the legal process. The applicants, represented by Senior Advocate Sri Manish Tiwary and other learned counsels, argued that the order not only appeared to be procedurally flawed but also suggested that it might have been tampered with, as indicated by the handwritten word “เคธเคฎเคจ” appearing in a different handwriting.
Courtโs Decision:
After hearing the arguments, the Justice Saurabh Shyam Shamshery, noted the seriousness of the allegations and the ambiguity surrounding the impugned order. The court found that the summoning order could not be sustained in its present form due to the apparent irregularities. Consequently, the High Court set aside the impugned order dated October 28, 2020.
In a significant move, the court directed the concerned District Judge to initiate an inquiry to ascertain the circumstances under which the questionable order was passed. The court also instructed that, if necessary, an explanation should be sought from the then Presiding Officer who was reportedly on leave on the date of the order.
The High Court further ordered that the report of the inquiry be placed on the records of the present case and sent to the concerned Honโble Administrative Judge of Judgeship, Kanpur Nagar. Additionally, a copy of the High Court’s order was directed to be sent to the Registrar (Compliance) for further action.
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Case Details:
Case Title: Gajendra Singh Negi and Another vs. State of U.P. and Another
Case Number: Application U/S 482 No. 18761 of 2020
Bench: Justice Saurabh Shyam Shamshery
Lawyers for Applicants: Manish Tiwary (Senior Advocate), Aushim Luthra, Jitendra Kumar Chakraborty, Pranav Tiwary, Syed Abid Ali Naqvi, Ved Prakash Mishra
Lawyers for Opposite Party: Suresh Gupta, Ashutosh Mishra (G.A.), Syed Abid Ali Naqvi
