2021 (1) TMI 1325 - HC - Indian Laws

Challenge to cognizance/summoning order - failure to apply judicial mind on a printed format - violation of principles of natural justice - HELD THAT - In the explanation given by the concerned Magistrate, it has been submitted that due to huge work-load and by mistake, he/she passed the cognizance/summoning order on a printed proforma for which he/she has tendered his unconditional apology. The explanation given by the concerned Magistrate is not acceptable because if a Judge makes such a mistake, then from where will the general public get fair justice. A Judge acts like a God, he/she should not make mistakes due to haste or excess of work. How will a normal man get justice when a judge makes a mistake because of the excess of his/her work? At the present time, only from the temple of justice like Courts, everyone hopes for right and fair justice. However, it would not be in the interest of justice to proceed further against the concerned Magistrate, keeping the present application pending. Therefore, this Court warns the concerned Judicial Magistrate to remain more careful and cautious in future while passing any judicial orders. The Chief Judicial Magistrate, Agra shall ensure that such orders on a printed proforma are not passed by any judicial officers of Judgeship Agra. It is an admitted position that the cognizance/summoning order dated 25.08.2020 has been passed without application of mind on a printed format. Such summoning orders passed on a printed proforma has already been set aside by this Court while passing a detailed order - the cognizance/summoning order dated 25.08.2020 is set aside. The Chief Judicial Magistrate, Agra after perusing the entire records shall pass a fresh speaking and reasoned order, in accordance with law, preferably within two months from the date of production of a certified copy of this order. This application stands allowed.

Summary

Issues: Setting aside of summoning order passed by Chief Judicial Magistrate without application of mind on a printed format.

In this case, an application was filed under Section 482 Cr.P.C. to set aside the summoning order dated 25.08.2020 passed by the Chief Judicial Magistrate, District Agra and to quash the proceedings of Case Crime No. 0714 of 2019. The applicant's counsel argued that the summoning order was passed without the judicial mind being applied, as it lacked reasons and was vague. The learned A.G.A. did not dispute these submissions. The Court found that such orders passed on a printed proforma had been previously set aside by the Court, emphasizing the importance of giving reasons in orders. Despite considering setting aside the order, the Court noted the repetitive challenges to such orders, leading to a directive for the Chief Judicial Magistrate to explain why printed proforma orders were still being passed despite Court orders. The Court directed the Magistrate to submit a report and restrained any coercive action against the applicants until the next hearing on 15th January, 2021.

Subsequently, the Chief Judicial Magistrate, Agra provided an explanation for passing the order on a printed proforma, citing workload and mistake, and tendered an apology. However, the Court expressed dissatisfaction with the explanation, highlighting the importance of judges avoiding mistakes due to haste or workload to ensure fair justice for the public. Despite this, the Court decided not to proceed against the Magistrate, cautioning them to be more careful in the future. The Chief Judicial Magistrate was instructed to ensure that such orders on printed proforma were not passed by any judicial officers in Agra.

Regarding the merits of the application, the Court focused on the request to set aside the summoning order. The counsel reiterated the lack of judicial application in the order, which was accepted by the A.G.A. The Court acknowledged that the order was passed without proper consideration and had already set aside similar orders in a previous case. Consequently, the Court set aside the summoning order dated 25.08.2020 and directed the Chief Judicial Magistrate to issue a fresh order with reasons within two months. The application was allowed, and the office was instructed to provide a copy of the order to the Chief Judicial Magistrate within a week.