Inquiry against Judicial Officer Ordered by Allahabad High Court for Issuing Summons under Gangster Act Case While On leave
Last Updated on August 17, 2024 by NewsDesk SLC
The Allahabad High Court ordered an investigation on Tuesday against a judicial officer who, despite the officer’s alleged absence that day, issued a summons against two accused to stand trial for the offence under Section 3(1) U.P. Gangsters Act.
A bench comprising Justice Saurabh Shyam Shamshery instructed the District Judge of Kanpur Nagar to ascertain the facts behind the summons order and, if required, to contact the Presiding Officer at the time for clarification.
This decision was made by the Court during the hearing of a petition filed by Gajendra Singh Negi and another person contesting an order from October 2020 (the order of summoning), which had called the petitioners to appear in court for the offense under Section 3(1) of the Uttar Pradesh Gangsters Act.
This order was allegedly approved and signed by Kanpur Nagar’s, Special Judge under the Gangsters Act, at the time. While representing the petitioners, Senior Advocate Manish Tiwari stated that the Presiding Officer had issued the summons and signed the order despite being on leave on that particular date.
The term “समन” which looked to have been written in a distinct handwriting on a blank gap, was also mentioned by the concerned judge, as was brought to the attention of the court. He went on to say that although there were merits considerations as well, the contested order could not stand in its current form and needed to be investigated.
The Court overturned the contested decision dated October 28, 2020, issued by the Special Judge under the Gangsters Act after taking into account the aforementioned reasons and the sincerity and uncertainty displayed by the petitioners’ counsel.
In addition, the Court ruled that an investigation be conducted into the actions of the Judicial Officer and ordered that the administrative Judge of Judgeship, Kanpur Nagar receive a report and the investigation’s records.
Case – Gajendra Singh Negi And Another vs. State of U.P. and Another 2024
Citation No:- 2024:AHC:131613
