Allahabad High Court Upholds Dismissal of Complaint Against Accused Due to Lack of Evidence

Judicial Officers Advised to Maintain Decorum in Language Used During Proceedings

In a recent judgment by the Allahabad High Court, the dismissal of a complaint by a Special Judge under the SC/ST Act has been upheld due to insufficient evidence against the accused. The case, brought forth by Santreepa Devi, was dismissed as the allegations were not supported by coherent and continuous evidence. The revision petition, challenging the lower court's decision, was dismissed by Justice Harvir Singh, asserting that the allegations lacked the necessary substantiation through medical or witness testimony to warrant summoning the accused.

The court emphasized the need for concrete evidence, pointing out that while the medical report indicated simple injuries, they were not conclusively linked to the accused. Moreover, the testimonies of the complainant and two witnesses failed to demonstrate coherence and continuity. The court maintained that mere allegations, without substantial supporting evidence, are insufficient for legal action.

In a significant observation, the court addressed the issue of language used in judicial proceedings. Justice Singh highlighted that the Special Judge had employed abusive language in the judicial order and witness statements, which is against the decorum expected in judicial processes. The High Court directed that all judicial officers in Uttar Pradesh must avoid using such language and maintain the dignity of the judiciary in their communication. A copy of the order is to be circulated among all judicial officers in the state to ensure compliance and uphold the judiciary's decorum.

Bottom Line:

Judicial officers must avoid using abusive or filthy language in judicial orders or while recording statements of witnesses. Decorum and dignity of the judiciary must be reflected in the language used. 

Statutory provision(s): Code of Criminal Procedure, 1973 - Section 203

Santreepa Devi v. State of UP, (Allahabad) : Law Finder Doc Id # 2790205