Court No. - 88
Case :- APPLICATION U/S 482 No. - 17060 of 2021 Applicant :- Anand Kumar Mishra And 2 Other Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Harish Kumar Tripathi, learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed by the applicants for quashing of summoning order dated 6.7.2019 passed by Judicial Magistrate, Kasya, Kushinagar as well as entire proceeding of Criminal Case No.2982 of 2019 (State Vs. Anand Kumar) arising out of Case Crime No. 0311 of 2018 under Section 406 IPC and section 3 Public Property Damages Act, 1984, Police Station Turkpatti, District Kushinagar pending in the court of Judicial Magistrate, Kasya, District Kushinagar.
It is submitted by learned counsel for the applicants that impugned cognizance/summoning order dated 6.7.2019 has been passed on a printed proforma by filling the blanks and it has been passed without application of judicial mind and as such, it is not sustainable in the eyes of law. Learned counsel for the applicants has placed reliance on the judgment of this Court in the case of Ankit Vs. State of U.P. and another, reported in 2009(9) ADJ page 778.
On the basis of aforesaid judgment, it has been submitted by learned counsel for the applicants that summoning of accused in criminal case is a serious matter and the order impugned reflects that the Magistrate had not applied his judicial mind, as in the present case the impugned cognizance/summoning order has been passed on a printed proforma, which clearly indicates that the same has been passed without applying judicial mind and the learned Magistrate only put his signature at the bottom of order.
On the other hand, learned AGA has submitted that summoning order has been passed by the learned Magistrate after considering the material which are available on record, but he could not dispute the fact that the order taking cognizance has been passed on the printed proforma.
The present case is finally decided at the admission stage itself without issuing notice to the opposite party no.2.
From bare perusal of impugned cognizance/summoning order, it is apparent that it has been passed on a printed proforma by filling the blanks and it appears that the blanks were filled up by some staff of the Judicial Magistrate and the Judicial Magistrate has only put his initial at the bottom of summoning order.
The law on this point is well settled that prior to taking cognizance and issuing summons to the accused-persons, the Judicial Magistrate has to apply his judicial mind and that the cognizance/summoning order cannot be passed in a mechanical manner.
In view of above, since impugned cognizance/summoning order has been passed on a printed proforma by filling the blanks without application of judicial mind and as such, it is not sustainable in the eyes of law.
Accordingly the application under section 482 Cr.P.C. is allowed. The impugned cognizance/summoning order dated 6.7.2019 is hereby quashed.
Learned Judicial Magistrate is directed to pass a fresh order regarding cognizance as well as summoning of the applicants in the aforesaid case in accordance with law, after applying his judicial mind within a period of two months from the date of production of a copy of this order.
Order Date :- 24.9.2021 P.P.