No judge, but order passed on Gzb man.
THE judicial remand of a man was extended in a courtroom at the Ghaziabad District Courts. Considering the charges against him, one wouldn't wonder why.
But the accused has been struck by the wonder of a different kind: in the absence of a judicial official, a vacant court cannot conduct any
court cannot conduct any judicial proceedings as per the code of criminal procedure ( CrPC), but in his case this just happened.
Naveen Kumar, a software engineer, is lodged in Dasna Jail after an FIR was filed against him by his estranged wife. This Ghaziabad resident is accused of unnatural sex, criminal breach of trust, outraging the modesty of a woman et al.
The court documents accessed by India Today reveal that Naveen Kumar's judicial remand was extended on August 21 till September 3 by an order signed and under the seal of
Additional Chief Judicial Magistrate ( ACJM)- 2.
However, the judicial records show that the court of ACJM- 2 was vacant on August 21 and remains so. This is further corroborated by the cause list ( list of daily cases as per court's dates) of ACJM- 2 ( court no. 2) prepared on August 21, which lists the court " vacant". The ACJM Court- 2 fell vacant on July 22 after the Allahabad High Court issued a notification for transfer and posting of judicial officials at the Ghaziabad High Court. The Ghaziabad district court website shows that
out of the 8 ACJM courts working, six are vacant.
As per law, the judicial or police remand of an accused can only be signed in the name and seal of presiding judicial official of the court. Even if the presiding judicial official is looking after other courts ( in case of absence/ vacation etc), only his signature and seal has a legal validity.
Now Naveen has filed a writ petition in the Allahabad High Court, claiming that his detention should be rendered illegal.
In the petition, he asserts that his remand was extended without conducting video- conferencing from Dasna Jail.
Rules permit extension through video- conferencing installed in jail premises in case the accused is not presented in the courtroom.
The case will be heard next on September 22.
The judicial remand of accused techie was extended even though the court of additional chief judicial magistrate was vacant on the day order was issued
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