List revised. None is present to press this revision on behalf of revisionist.
After receiving the final report, the trial court had passed the following orders dated 08.08.2003 :- "08.08.2003.
Perused the file. It is evident that the final report has been submitted wrongly on erroneous assumptions. Final report is rejected. Summon the accused through N.B.W. Register as original.
Put up on 17.08.2003."
This order in itself reveals that it is not only non-speaking order, but lacks application of judicial mind, without discussing facts of the case, without any reason for cognizance or without assigning proper reason. Not only final report has been rejected, but non-bailable warrants were issued against the accused persons. Such non-speaking orders without application of judicial mind is nothing, but misuse of jurisdiction by learned Magistrate. Any order on point of cognizance should have been passed after appreciating the facts and after assigning proper reasons. In view of above, this revision is allowed. The impugned order dated 08.08.2003 and another order dated 20.09.2004 was on its basis are quashed. The matter is remanded to trial court to re-appreciate the matter and to pass speaking order on point of disposal of final report. A certified copy of this order be communicated to trial court immediately.
Order Date :- 02.11.2016 Vinod.