The order was passed by the Lucknow bench on a petition filed by Dutt through his counsel I B Singh. Justice S N Shukla asked the government to file a counter affidavit within two weeks.
A court in Barabanki had issued summons against Dutt in January last year for his alleged indecent remarks against Mayawati during an election rally.
Dutt, 51, who was then national general secretary of Samajwadi Party, was addressing the rally in support of the party candidate.