Shyam Sundar's application dismissed with a Rs. 1,00,000 cost due to reckless claims against judicial conduct, emphasizing the need for clear court orders.
In a significant ruling, the Allahabad High Court has dismissed the transfer application filed by Shyam Sundar and Om Prakash, imposing an exemplary cost of Rs. 1,00,000 for making unfounded and reckless allegations against the presiding officer of the trial court. The application, which sought to transfer a criminal case pending before the Additional Civil Judge in Jhansi, was criticized for its baseless claims that the presiding officer was influenced by the complainant's brother, a practicing advocate.
Presiding over the case, Justice Samit Gopal highlighted the importance of maintaining the integrity of judicial proceedings and condemned the applicants' attempt to delay the trial through unfounded allegations. The court found the allegations against the judicial officer to be unsupported by the records, deeming them reckless.
The court noted that the applicants had failed to comply with previous directions to file a discharge application at the appropriate stage, as ordered by a co-ordinate bench. Despite being summoned in the criminal case, the applicants did not file the discharge application, resulting in the issuance of a non-bailable warrant against them by the trial court.
In addition to dismissing the transfer application, the High Court directed the District Magistrate to recover the exemplary cost as land revenue if not voluntarily deposited by the applicants. The funds are to be utilized by the District Legal Services Committee.
Further, the court addressed the issue of illegible court orders, emphasizing the need for clear and legible documentation in judicial proceedings. The District & Sessions Judge of Jhansi was instructed to ensure compliance and report back to the High Court, highlighting the judiciary's commitment to transparency and accountability.
Bottom Line:
Transfer application dismissed with exemplary cost due to baseless and reckless allegations against the Presiding Officer, emphasizing the need for legible orders in trial courts.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 447, Indian Penal Code Sections 387, 323, 504, 506
Shyam Sundar v. State of U.P., (Allahabad) : Law Finder Doc id # 2850331
