Allahabad HC Orders Inquiry Against Judicial Officer For Issuing Summons In Gangsters Act Case While 'On Leave'

A bench of Justice Saurabh Shyam Shamshery directed the District Judge, Kanpur Nagar, to inquire under which circumstances the summoning order was passed and, if necessary, to call the then Presiding Officer for an explanation.

The Court passed this order while hearing the petition filed by one Gajendra Singh Negi and another challenging an order of October 2020 (order of summoning), whereby the applicants were summoned to face trial for the offence under Section 3(1) U.P. Gangsters Act.

This order was purportedly passed and signed by the then Special Judge, Gangsters Act, Kanpur Nagar.

Appearing for the applicants, Senior Advocate Manish Tiwary submitted that the Presiding Officer was on leave on that date; even then, he issued the summons and signed the order.

It was also brought to the Court's notice that the Judge concerned also referred to the word 'समन', which appeared to be put on a blank gap in a different handwriting.

He further submitted that there were arguments on merits also, but the impugned order could not be survived in its present form; instead, it requires an inquiry.

Considering the above arguments and noting the seriousness and ambiguity shown by the applicants' counsel, the Court set aside the impugned order dated 28.10.2020 passed by the Special Judge, Gangsters Act.

Further, the Court ordered an inquiry against the Judicial Officer and directed that a report and the records of the inquiry be sent to the administrative Judge of Judgeship, Kanpur Nagar.

Case title – Gajendra Singh Negi And Another vs. State of U.P. and Another 2024 LiveLaw (AB) 512

Case citation: 2024 LiveLaw (AB) 512

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