Anushri Joshi
In a significant decision underscoring the importance of judicial consistency and integrity, the Allahabad High Court has quashed two conflicting orders issued by the Chief Judicial Magistrate, Ghaziabad, in a defamation case linked to Parul Agarwal v. State of U.P. The case, which includes defamation allegations under Section 500 of the Indian Penal Code (IPC) by complainants Ankur Garg and Malika Garg, revealed considerable lapses in judicial procedure, prompting the High Court’s intervention.
The defamation proceedings commenced following the publication of an article that allegedly defamed the complainants by accusing them of fraudulent conduct. However, on February 13, 2024, two contradictory orders emerged: one dismissed the complaint under Section 203 of the Code of Criminal Procedure (CrPC), while the other, issued on the same date, summoned the accused, Parul Agarwal, to face trial under Section 500 IPC. This disarray in judicial orders prompted a challenge before the High Court.
Represented by counsels Sri Rahul Agarwal and Ms. Gunjan Jadwani, the applicant contested the conflicting orders, emphasizing that while the dismissal order was uploaded to the court’s official website, it remained unsigned, thus rendering it legally invalid. Conversely, the signed summoning order was properly uploaded, leading to further confusion and uncertainty regarding the legal standing of the case.
On May 20, 2024, the High Court had previously directed the Magistrate to clarify the contradictory orders. In response, the Magistrate, represented by counsel Sri Sudhir Mehrotra, submitted an unconditional apology, attributing the issue to a clerical error by court staff who uploaded an unsigned draft dismissal order without the Magistrate’s approval. Although the error was unintentional, it raised significant concerns regarding procedural diligence.
After a meticulous examination of the case, Justice Saurabh Shyam Shamshery nullified both the summoning orders in Ankur Garg v. Parul Agarwal [1] and Malika Garg v. Parul Agarwal [2]. Drawing upon established legal precedents such as Lalankumar Singh v. State of Maharashtra, 2022 [3], and Delhi Race Club (1940) Ltd. v. State of U.P., 2024 [4], the court determined that both orders lacked sufficient reasoning and were thus unsustainable.
The High Court emphasized that the unsigned dismissal order could not be treated as part of the judicial record and remanded the matter back to the trial court, instructing the Magistrate to issue a fresh order in compliance with the law, providing both complainants an opportunity to be heard. The court mandated that the proceedings be expedited, to be completed within three months.
While no adverse action was taken against the Magistrate, the court expressed its discontent regarding the failure to initiate an internal inquiry into the conduct of the court staff responsible for the unsigned order’s upload. Justice Shamshery directed the District Judge, Ghaziabad, to conduct a thorough investigation into the incident, emphasizing the critical need for accountability and vigilant oversight within the judicial process.
The District Judge is tasked with submitting the inquiry findings to the High Court, with both the Magistrate and District Judge instructed to adhere fully to the High Court’s directives. This ruling reinforces the necessity of meticulous procedural adherence and vigilance in judicial administration. The issuance of conflicting judicial orders, particularly in defamation cases where reputations are at stake, undermines public confidence in the justice system. By quashing the impugned orders and mandating an inquiry into the lapses, the Allahabad High Court has affirmed the paramount importance of ensuring judicial accountability and the equitable administration of justice.
Case Title: Parul Agarwal vs. State of U.P.
Case No: Application U/S 482 No. 16627 of 2024
Bench: Justice Saurabh Shyam Shamshery
[1] Complaint Case No. 5339 of 2023
[2]Complaint Case No. 5338 of 2023
[3] SCC OnLine SC 1383
[4] SCC OnLine SC 2248
Click here to access the order.