look news india
Prayagraj, 09 October (Hindustan Reporter). The Allahabad High Court has ordered the Ghaziabad District Judge to probe how two contradictory orders in a defamation case were uploaded online. Also examine the circumstances under which unsigned draft orders have been uploaded on the website by the concerned court staff.
The court said that keeping in mind the long career of the concerned Additional Chief Judicial Magistrate, who is a young magistrate, I am not passing any adverse order.
The court of Justice Saurabh Shyam Shamsheri gave this order on the application of Parul Aggarwal. The concerned Additional Chief Judicial Magistrate is presently posted in a different district. The court refrained from taking action against them even though the court found that they had not exercised due diligence and had not even initiated investigation against the employees concerned.
The husband and wife, residents of Ghaziabad, had filed a complaint against the applicant accusing him of defamation. On February 13, the trial court passed two orders on the complaint in a single day. In the first order the defamation complaint was dismissed. Whereas in the second order the accused was called to face trial. This order was challenged in the High Court.
The applicant's lawyer gave complete information in this regard to the court. Told the court that the order by which the complaint was dismissed was not signed. Whereas the order by which the accused was summoned was a signed order.
The court had sought clarification from the magistrate. In response, the judicial officer apologized unconditionally and explained that his court staff had inadvertently uploaded an unsigned and draft order without his consent. Considering the specific facts of the case, the Court set aside both the orders. Instructed that orders without signature will not be considered part of the proceedings.
The court sent the case back to the trial court for a fresh decision. Also ordered to pass a new order as per law within three months.