(Deepshikha Gautam, Intern Journalist) Allahabad: The Allahabad High Court has said in an important judgment that the summons order issued without exercising judicial discretion by filling the blank space of the already printed form is against the law and contrary to judicial norms. The court said that such a practice should be stopped immediately. Such orders cannot be allowed to be issued. This order has been given by Justice Saurabh Shyam Shamsheri on the petition of Ashu Rawat of the Kavi Nagar police station area of Ghaziabad. In the judgment passed in Hindi, Justice Shamsheri said that taking cognizance of the crime and issuing summons to the accused is a serious judicial process. It should appear in its order that the magistrate has passed the order on the basis of facts and legal provisions.
The court, in its judgment, while mentioning the law principles established by the Supreme Court, has said that the magistrate should exercise his judicial discretion while passing the order. An order given by filling the blank space of an already printed order cannot be considered an order passed using discretion. Simultaneously, the court quashed the summons issued from the judicial magistrate of Ghaziabad on 20 June 2020 and directed to renew the order by returning the letter. Istagasa has been filed against the petitioner under Sections 67 and 67A of the Information Technology Act, on which the magistrate issued a summons by filling in the blank of the already printed order. The petition sought the cancellation of both Istagasa and the summons as illegal.
The High Court has canceled the summons order invalid using the inherent powers.
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