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A single bench of Justice Manju Rani Chauhan while quashing the summoning order, passed by Chief Judicial Magistrate (CJM), Agra, under Section 482 of CrPC observed " A judge acts like a good, 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?,"
In the case Vishnu Kumar Gupta & Anr. v. State of UP & Anr., Allahabad High Court set aside the cognizance/ summoning orders and other benches of the court also observed that subordinate courts should pass summoning order on printed proforma with the application of mind, giving satisfactory reasons.
The court asked the report from CJM, Agra on why he passed the summoning order on the printed proforma without any reasons. The CJM submitted unconditional apology and told that due to the excess work and by mistake, he passed the summoning order on printed proforma. The Court gave warning to the CJM to be more conscious in his work.
"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," said the bench.