The importance of providing reasons and subjective satisfaction in any court order, as it forms the backbone of the order and ensures the principles of natural justice are upheld.

JUDGMENT :

1. Heard Sri A.M. Tripathi, learned counsel for the petitioner and Sri Aniruddha Kumar Singh, learned Additional Government Advocate-I for the State.

2. In view of the order proposed to be passed, the notice to opposite party No.2 is hereby dispensed with.

3. By means of this petition filed under Section 482 Cr.P.C., the petitioner has prayed for the following reliefs:-

"(i) Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/ set aside the impugned order dated 15.12.2023 passed by the learned Additional Sessions Judge, Court No.1, Pratapgarh in S.T. No.271 of 2022 (State vs. Mustaq and others) in Case Crime No.336 of 2021, under Sections 302, 307, 147, 148, 149, 34, 504 & 506 I.P.C., Police Station-Mandhata, District-Pratapgarh against the applicant/ petitioner, so for as it relates to the present petitioner (Annexure No.1).

(ii) And it is further prayed that this Hon'ble Court may kindly be pleased to stay the operation and implementation of the impugned order dated 15.12.2023 passed by the learned Additional Sessions Judge, Court No.1, Pratapgarh in S.T. No.271 of 2022(State vs. Mustaq and others) in Case Crime No.336 of 2021, under Sections 302, 307, 147, 148, 149, 34, 504 & 506 I.P.C., Police Station-Mandhata, District-Pratapgarh against the applicant/ petitioner, so for as it relates to the present petitioner, during prendency of the aforesaid petition, in the interest of justice."

4. Sri A.M. Tripathi, learned counsel for the petitioner has stated that since the gravity of Section 319 Cr.P.C. is treated to be on a high pedestal and as per the trite law, the learned trial court may exercise such powers sparingly and in a rare circumstances, unless the trial court finds that there is cogent and relevant material available on the record which suggest that the allegations against a person is such, he may be summoned under Section 319 Cr.P.C. The person who is summoned under Section 319 Cr.P.C. is a person against whom the F.I.R. has not been lodged and the charge-sheet has not been filed. Therefore, as per Sri Tripathi, the Apex Court has held that while summoning such person invoking powers under Section 319 Cr.P.C. the specific reason of his summoning should be indicated in the order passed under Section 319 Cr.P.C. and it should have also been indicated in that order clearly as to what are those sections for which he has been summoned so that at the time of affording an opportunity of hearing, she/ he can defend herself/ himself properly.

5. In support of his aforesaid arguments, Sri Tripathi, has drawn attention of this Court towards paras-105 & 106 of the dictum of Apex Court rendered in the case in re: Hardeep Singh vs. State of Punjab reported in (2014) 3 SCC 92. The relevant paras-105 & 106 read as under:-

"105. Power under Section 319 Cr.P.C. is a discretionary and an extraordinary power. It is to be exercised sparingly and only in those cases where the circumstances of the case so warrant. It is not to be exercised because the Magistrate or the Sessions Judge is of the opinion that some other person may also be guilty of committing that offence. Only where strong and cogent evidence occurs against a person from the evidence led before the court that such power should be exercised and not in a casual and cavalier manner.

106. Thus, we hold that though only a prima facie case is to be established from the evidence led before the court, not necessarily tested on the anvil of Cross-Examination, it requires much stronger evidence than mere probability of his complicity. The test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, if goes unrebutted, would lead to conviction. In the absence of such satisfaction, the court should refrain from exercising power under Section 319 Cr.P.C. In Section 319 Cr.P.C. the purpose of providing if "it appears from the e