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 without reflecting prima-facie opinion of the magistrate on the material collected during investigation amounts to non-application of mind.

JUDGMENT :

ARUN KUMAR SINGH DESHWAL, J.

1. Learned counsel for the applicant is permitted to correct the prayer clause, during the course of the day.

2. Despite service of notice, no one appears on behalf of opposite party no. 2.

3. Heard learned counsel for the applicant and Sri Arvind Kumar Tripathi, learned AGA for the State.

4. The present 482 Cr.P.C. application has been filed to quash the charge-sheet no. 05/2016 arising out of Case Crime No. 373/15, under Sections-419, 420 IPC, Police Station Kotwali Colonelganj, District Gonda, as well as summoning order dated 01.03.2016 passed by Chief Judicial Magistrate, Gonda.

5. Contention of learned counsel for the applicant is that the impugned cognizance order on the impugned charge-sheet was illegal as same was absolutely passed without application of mind being filled up printed proforma and signing the same. In support of his submission, learned counsel for the applicant has relied upon the judgment of coordinate Bench of this Court dated 04.01.2023 passed in Application u/s 482 No. 9892 of 2022.

6. Per contra, learned AGA has opposed the prayer but could not dispute the aforesaid fact that the cognizance order is nothing but simply filling up the printed proforma and thereafter, signing by the concerned Magistrate.

7. After hearing the parties and on perusal of record, it is explicit from the perusal of cognizance order dated 01.03.2016 that the same was nothing but simply filling up the printed proforma and signing the same which itself shows that there is complete non-application of mind on the part of Chief Judicial Magistrate, Gonda.

8. The Hon'ble Supreme Court in the case of Lalankumar Singh vs. State of Maharashtra, 2022 SCC Online SC 1383 has observed in paragraph no. 38 that order of issue of process is not an empty formality. Learned Magistrate is required to apply his mind as to whether the sufficient ground for proceeding exists in the case or not. Paragraph no. 38 of the aforesaid judgment is quoted as below:

“38. The order of issuance of process is not an empty formality. The Magistrate is required to apply his mind as to whether sufficient ground for proceeding exists in the case or not. The formation of such an opinion is required to be stated in the order itself. The order is liable to be set aside if no reasons are given therein while coming to the conclusion that there is a prima-facie case against the accused. No doubt, that the order need not contain detailed reasons. A reference in this respect could be made to the judgment of this court in the case of Sunil Bharti Mittal vs. Central Bureau of Investigation, which reads thus:

51. On the other hand, Section 204 of the Code deals with the issue of process, if in the opinion of the Magistrate taking cognizance of an offence, there is sufficient ground for proceeding. This section relates to commencement of a criminal proceeding. If the Magistrate taking cognizance of a case (it may be the Magistrate receiving the complaint or to whom it has been transferred under Section 192), upon a consideration of the materials before him (i.e. the complaint, examination of the complainant and his witnesses, if present, or report of inquiry, if any), thinks that there is a prima facie case for proceeding in respect of an offence, he shall issue process against the accused.

52. A wide discretion has been given as to grant or refusal of process and it must be judicially exercised. A person ought not to be dragged into court merely because a complaint has been filed. If a prima case has been made out, the Magistrate ought to issue process and it cannot refused merely because he thinks that it is unlikely to result in a conviction.

53. However, the words “sufficient ground for proceeding” appearing in Section 204 are of immense importance. It is these words which amply suggest that an opinion is to be formed only after due application of mind that there is sufficient basis for proceeding against the said accused and formation of such a