Allahabad High Court Directs Judicial Officer To Explain Passing Of Two Contradictory Orders On Same Day In Same Case

The Allahabad High Court has directed the then Additional Chief Judicial Magistrate of Ghaziabad to file his personal affidavit for passing two contradictory orders on the same day in the same case.

Counsel for the applicant submitted that applicant had to lodged a complaint with Economic Offences Wing and filed an FIR under Sections 420, 120-B of IPC, and Sections 7 and 13(1) (A) and 13(2) of the Prevention of Corruption Act. It was argued that as a counterblast, defamation suit was filed by Ankur Garg, opposite party, against the applicant in Ghaziabad due to the offences being published in various news articles.

It was argued the name of the applicant was not mentioned in any of the news articles. Further it was pleaded that since the opposite party, Ankur Garg was the brother-in-law of the applicant, she fell within the 8^th exception provided under Section 499 IPC.

Section 499 IPC provides for cases in which persons can be accused of Defamation. 8^th exception to the persons who can be accused of defamation provides that “it is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation.”

Further, counsel for applicant submitted that the Additional Chief Judicial Magistrate, Court No.5, Ghaziabad passed two orders in the defamation case. One order was passed dismissing the complaint under Section 203 CrPC (Dismissal of Complaint). Thereafter, a second order was passed wherein summons were issued to the applicant for trial under Section 500 (Punishment of Defamation) of IPC.

While directing that no coercive action shall be taken against the applicant in the defamation suit, the Court observed that two orders were passed by the Magistrate.

“One order which was uploaded on the CIS system is the order whereby the complaint filed by opposite party no.2 was dismissed under Section 203 of Cr.P.C., whilst the another order passed in the said complaint on 13.02.2024, a certified copy of which is annexed to the present application as Annexure No.2, is the order whereby the applicant has been summoned to face trial.”

Accordingly, the Court directed Sri Sandeep Singh, the then Additional Chief Judicial Magistrate, Court No.5, Ghaziabad to file his personal affidavit explaining as to how two contradictory orders were passed in the same case on the same day.

Click Here To Read/Download Order