Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2021 (1) TMI 1325

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... m 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 j .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ed format and the same is vague, ambiguous and nullity. He next submits that perusal of the summoning order indicates that except for directing the office to summon the applicants, absolutely no reasons have been mentioned in support thereof. He further submits that it is settled law that every orders are to be judged on reasons recorded therein. He further submits that despite various orders of this Court passed on the judicial side as well as on the administrative side, such orders on a printed proforma are being passed by the subordinate courts. He, therefore, submits that summoning order be set aside. Learned A.G.A. does not dispute the correctness of the submissions made by the learned counsel for the applicants and he has no objection .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... of this Court. This Court, therefore, directs the Chief Judicial Magistrate, District Agra to send his report by the next date after calling for comments of the concerned Magistrate as to why such orders are being passed on a printed proforma, despite various orders of this Court. Let this matter be put up on 15th January, 2021 as fresh. The Registrar General is directed to communicate this order to the Chief Judicial Magistrate, District Agra within 24 hours for necessary compliance. Till the next date of listing, no coercive action shall be taken against the applicants. Pursuant to the above order, a letter dated 13th January, 2021 has been sent by the Chief Judicial Magistrate, Agra along with the explanation, who has passed the cognizan .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... vs. State of U.P.), under Sections 498A, 323 IPC and Section 3/4 D.P. Act, Police Station- Sadar Bazar, DistrictAgra, pending in the Court of Chief Judicial Magistrate, Agra. Today, learned counsel for the applicants has confined his relief to set aside the cognizance/summoning order dated 25.08.2020. Learned counsel for the applicants submits that the cognizance/summoning order dated 25.08.2020 has been passed by the learned Chief Judicial Magistrate, Agra without applying his judicial mind on a printed format and the same is vague, ambiguous and nullity. He next submits that the perusal of the cognizance/summoning order indicates that except for directing the office to summon the applicants, absolutely no reasons have been mentioned in s .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates