Court No. - 85
Case :- APPLICATION U/S 482 No. - 24213 of 2021 Applicant :- Siyaram And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
Learned counsel for the applicants confined his arguments for quashing of the cognizance/summoning order dated 17.9.2020 and submitted that the impugned order is on printed proforma and have been passed without application of judicial mind and hence, liable to be quashed.
Learned A.G.A. defended the impugned order and submitted that it is mentioned in the impugned order that the Magistrate has gone through the police papers and then has taken cognizance, hence, there is no illegality in the impugned order.
Perusal of the impugned order makes it clear that it is on a printed proforma with fill in the blanks. Crime number, police station and dates have been written in hand afterwords while the remaining matter is typed.
In a catena of decisions it has been held that "the Magistrate is not required to pass detailed reasoned order at the time of taking cognizance on the charge sheet, but it does not mean that order of taking cognizance can be passed by filling up the blanks on printed proforma. At the time of passing any judicial order including the order taking cognizance on the charge sheet, the Court is required to apply judicial mind and even the order of taking cognizance cannot be passed in mechanical manner."
The impugned order fail the aforesaid test. The conduct of the judicial officer concerned in passing the impugned order in printed proforma by filling up the blanks without application of judicial mind is objectionable and deserves to be deprecated.
Accordingly, the prayer for quashing of the impugned order of cognizance/summoning on the aforesaid ground is accepted.
Application U/s 482 Cr.P.C. is partly allowed accordingly. The impugned order dated 17.9.2020 is hereby set-aside with a direction to the concerned Magistrate to pass a fresh order in accordance with law. The prayer to quash the entire proceedings of the case is hereby refused.
Order Date :- 21.12.2021 Masarrat