Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
Notice to respondent no.2 is dispensed with.
This application under Section 482 Cr.P.C. has been filed for quashing of the cognizance/summoning order dated 2.7.2020 and charge sheet dated 6.7.2019 under Sections 419/420/406 I.P.C. filed in F.I.R. No.0028 of 2019 under Section 419/420/467/471 I.P.C. Police Station Kotwali Dehat, District Bahraich arising out of Case Crime No.6631 of 2020, under Sections 419/420/406 I.P.C. Police Station Kotwali Dehat, District Bahraich, pending in the Court of Chief Judicial Magistrate Bahraich.
Short submission of learned counsel for the petitioner is that learned Chief Judicial Magistrate Bahraich while taking cognizance of the offence has been taken on printed proforma and issued process against the petitioner without applying judicial mind. It is submitted that the order impugned is, thus, cryptic order and shows clear non-application of mind by the learned Magistrate.
In support of his arguments, learned counsel of the applicant has relied upon the judgment of this court passed in APPLICATION U/S 482 No.- 11334 of 2021, Pankaj Jaiswal vs. State of U.P. dated 9.8.2021 where this court, after considering various cases of this Court and Apex Court, has observed that passing orders on printed proforma by filling up the blanks without application of judicial mind is objectionable and deserves to be deprecated. The summoning of an accused in a criminal case is a serious matter and while taking cognizance and issuing process the order passed by the Magistrate must reflect the application of mind though reasons are not required to be reduced in writing (Megh Nath Guptas & Anr V State of U.P. And Anr, 2008 (62) ACC 826, in which reference has been made to the cases of Deputy Chief Controller Import and Export Vs Roshan Lal Agarwal, 2003 (4) ACC 686 (SC), UP Pollution Control Board Vs Mohan Meakins, 2000 (2) JIC 159 (SC): AIR 2000 SC 1456 and Kanti Bhadra Vs State of West Bengal, 2000 (1) JIC 751 (SC): 2000 (40) ACC 441 (SC).
Learned A.G.A. for the State, on the other hand, submits that after filing of the charge-sheet, prima facie Magistrate has to see whether on the basis of the material collected by the Investigating Officer case is made out or not. The impugned order suffers from no illegality. He submits that the Magistrate must have applied his judicial mind.
On due consideration to the submissions made by learned counsel for the parties' and perusal of the impugned order depict that the impugned order dated 2.8.2019 by which cognizance has been taken by the learned Magistrate and process has been issued in fact passed on a printed proforma by filling the blanks. It has been rightly held in the case of Pankaj Jaiswal (supra) that judicial orders cannot be allowed to be passed in a mechanical manner either by filling in blank on a printed proforma or by affixing a ready made seal etc. of the order on a plain paper. Such tendency must be deprecated and cannot be allowed to perpetuate. This reflects not only lack of application of mind to the facts of the case but is also against the settled judicial norms. Therefore, this practice must be stopped forthwith.
Accordingly, the present petition succeeds and is allowed. The impugned cognizance/summoning order dated 2.7.2020 and charge sheet dated 6.7.2019 under Sections 419/420/406 I.P.C. filed in F.I.R. No.0028 of 2019 under Section 419/420/467/471 I.P.C. Police Station Kotwali Dehat, District Bahraich arising out of Case Crime No.6631 of 2020, under Sections 419/420/406 I.P.C. Police Station Kotwali Dehat, District Bahraich, pending in the Court of Chief Judicial Magistrate Bahraich, is hereby quashed. The matter is remanded back to Chief Judicial Magistrate Lucknow who shall consider and decide the issue afresh for taking cognizance and summoning the applicant and pass appropriate orders in accordance with law within a period of one month from the date of receipt of certified copy of this order.
Office is directed to send copy of this order to the concerned court below within a week from today..
Order Date :- 26.8.2021 Madhu