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ARUN KUMAR SINGH DESHWAL
Amit Kumar Dwivedi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Gajendra Pratap, learned Senior Counsel assisted by Sri Arvind Singh Patel, learned counsel for the applicants and Sri Ramesh Kumar, learned A.G.A. for the State.
2. The present application has been filed for quashing the impugned charge sheet No. 130 of 2013 dated 31.12.2023 and summoning order dated 4.8.2017 in Case No. 1203 of 2017 (State vs. Amit Kuamr Dwivedi and another), u/s 323, 504, 325 I.P.C. and entire proceeding arising out of Non Cognizable Report No. 117 of 2013, u/s 323, 504 I.P.C., P.S. Kaundhiyara, District Prayagraj, pending before A.C.J.M.-5, Allahabad.
3. Contention of counsel for the applicants is that the cognizance order dated 4.8.2023 is bad in the eyes of law as the same was passed on a printed proforma which clearly shows that there is non application of mind by the learned Magistrate.
4. From perusal of the cognizance order dated 4.8.2017, it appears that this order is nothing but signing on a printed proforma by the Judicial Magistrate, Court No.1, Allahabad.
5. The Hon'ble Apex Court in the judgment of Lalankumar Singh vs State of Maharashtra; 2022 SCC Online SC 1383 has observed in para 38 that "the order of issuance of process is no
The main legal point established in the judgment is the requirement for the Magistrate to apply his mind and reflect a prima facie opinion based on the material collected during investigation when pa....
The main legal point established in the judgment is that the magistrate is required to apply his mind before issuing process, and the mere filling up of a printed proforma and signing the same withou....
The main legal point established in the judgment is the requirement for judicial officers to apply judicial mind and not use printed proforma in passing judicial orders.
Point of law : A summon is a process issued by a Court calling upon a person to appear before a Magistrate - It is used for purpose of notifying an individual of his legal obligation to appearbefore ....
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.
It is settled that taking cognizance is a well-known but undefined concept in criminal jurisprudence. The Code of Criminal Procedure does not define word "cognizance". The dictionary meaning of the w....
Point of Law : Criminal breach of trust - Conduct of the judicial officers concerned in passing orders on printed proforma by filling up the blanks without application of judicial mind is objectionab....
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