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A Single Judge Bench of the Allahabad High Court recently decided on a matter that was brought in front of it under Section 482 of the Code of Criminal Procedure (CrPC). The Single Judge Bench, comprising Justice Manju Rani Chauhan, heard the plea raised by the petitioner to set aside the order dated 25th August 2020, which had been passed by Chief Judicial Magistrate (CJM) of the Agra District in Sanjay and Ors v. State of Uttar Pradesh and Anr (Application U/S 482 No. - 18422 of 2020).
The petitioner had contended that the CJM had passed an order without really applying the principles of law to the facts of the case and without providing the reasons behind such order and that the CJM had simply passed the order following a printed format. The Court had asked the CJM to file his reply to the contentions raised by the petitioner. The CJM of Agra, in his reply, stated that the impugned order is a result of a mistake he made because of the workload he was experiencing. He also made an unconditional apology for making such a mistake.
The Court has set aside the impugned order delivered by the CJM of Agra and has directed that a fresh speaking order be delivered, which has been properly reasoned. It reasoned that a heavy workload is not a reasonable excuse for if Judges were allowed to cite workload as an excuse for delivering faulty judgements then the judicial system of the country would collapse and people will not get justice. The Court also recognized the there is an unreasonable amount of applications being filed under Section 482 of the Code of Criminal Procedure (CrPC) even though the Court has reiterated it multiple times that the subordinate courts should make a constant effort to pass orders that have been well reasoned and take into consideration the law and the well established legal principles.
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