The Allahabad High Court has ordered an inquiry into the issuing of a summons order with the signature of the special judge of Gangster Act of Kanpur Nagar despite him being on leave.
A Single Bench of Justice Saurabh Shyam Shamshery passed this order while hearing an application under section 482 filed by Gajendra Singh Negi and Another.
The order dated 28.10.2020 is purportedly an order of summoning, whereby the applicants are being 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.
Manish Tiwary, counsel for the applicants by referring to the above order submitted that, it is being specifically noted that the Presiding Officer was on leave on that date. Even thereafter not only summons were issued but it was signed by the then Special Judge, Gangsters Act. He also refers to the word ‘summon’ which appears to be put on a blank gap in a different handwriting.
He further submitted that there are arguments on merits also but the impugned order could not be survived in present form, rather it requires an inquiry.
A.G.A has not been able to support the impugned order, since on the face of it the impugned order does not appear to be passed by the concerned Judge and it was signed later on.
The Court considered the above arguments as well as took note of seriousness and ambiguity shown by the counsel for the parties, therefore, the Court set aside the order dated 28.10.2020 passed by the Special Judge, Gangsters Act in Case under Section 3(1) Gangsters Act and the application is hereby allowed.
The Court directed the concerned District Judge to initiate an inquiry that under which circumstances, above referred order was passed and if necessary an explanation be called from the then Presiding Officer.
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