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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Mr. Justice Ambuj Nath, J
Ram Chandra Rungta, S/o. Late Ram Kumar Rungta – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
AMBUJ NATH, J.
Heard the parties.
2. All these applications arise out of the same police case. Accordingly, all these application are being disposed of by common order.
3. The petitioners have filed this Cr.M.P. for quashing of order dated 08.06.2017 passed in connection with G(F) Case No. 85/2016 corresponding to TR-1777/2017, whereby and wherein the learned Chief Judicial Magistrate, Ramgarh, has taken cognizance of the offence under Section 33 of the Indian forest Act.
4. Learned counsel appearing on behalf of the petitioner submitted that the bare perusal of the cognizance order manifests that cognizance has been taken in a very cryptic manner. The learned Magistrate has not given any reason for coming to its judicial satisfaction for finding the prima facie case to be true for the aforesaid offence against the petitioners. Reliance has been placed upon the decision of the Hon’ble Supreme Court rendered in the case of “JM Laboratories and Other Vrs. State of Andhra Pradesh and Another” as reported in [2025 SCC OnLine SC 208], wherein the Hob’ble Supreme Court has held that;
“7. It will be relevant to refer to the summoning order which reads thus;
"Whereas your attendance is
A Magistrate must provide adequate reasoning in a cognizance order to demonstrate a prima facie case; failure to do so invalidates the order.
A cognizance order must provide sufficient reasoning to establish a prima facie case; failure to do so renders the order invalid.
An order under Section 204 of the Cr.P.C. cannot be valid unless the Magistrate provides clear reasoning to establish a prima facie case, ensuring ample judicial consideration.
A Magistrate must provide clear reasoning and apply mind to the facts before summoning an accused, as criminal proceedings cannot commence as a matter of course.
The summoning of an accused in a criminal case is a serious matter and the order must reflect that the Magistrate had applied his mind to the facts and the law applicable.
The Magistrate must provide sufficient reasoning when summoning an accused, reflecting a proper application of mind to the facts and law, as established in relevant case law.
Judicial orders must reflect application of mind; mechanical summoning orders without reasoning are invalid.
Cognizance of offences by a Magistrate requires application of mind and proper reasoning; mechanical issuance of summons is impermissible.
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