IMPORTANT POINT
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.

JUDGMENT :

1. Heard Sri Pradeep Kumar, learned counsel for the applicant as well as Ms. Nusrat Jahan, learned A.G.A. for the State and perused the record.

2. In view of the proposed order, the issuance of notice to opposite party no.2 is hereby dispensed with.

3. The instant application under Section 482 Cr. P.C. has been filed by the applicants with a prayer to quash the entire criminal proceedings to the extent of Applicant in pursuance of summoning order dated 26.08.2016 passed by the Additional Chief Judicial Magistrate-IV, Court No. 28, Lucknow in Case No. 2852 of 2016 (State Vs. Anand Kumar Pandey) arising out of chargesheet no. 220/2015 dated 28.12.2015 under Sections 406/420/467/468 I.P.C. arising out of Case Crime No. 497 of 2014 dated 14.10.2014 under Sections 406/420/467/468 I.P.C. P.S Chowk, District Lucknow in respect of the Applicant.

4. The learned Magistrate had taken cognizance and passed the summoning order on 26.08.2016. The cognizance was taken on the printed proforma by filling the sections of IPC, dates and number and in the said proforma the learned Magistrate without assigning any reason has summoned the applicants for facing trial.

5. Learned counsel for the applicants further submits that after submission of charge sheet and cognizance order on printed proforma, the applicants have been summoned mechanically by order dated 26.08.2016 and the court below while summoning the applicants has materially erred and did not follow the dictum of law as propounded by the Hon'ble Supreme Court in various cases that summoning in criminal case is a serious matter and the court below without dwelling into material and visualizing the case on the touch stone of probability should not summon accused person to face criminal trial. It is further submitted that the court below has not taken into consideration the material placed before the trial court along with charge sheet and, therefore, the trial court has materially erred in summoning the applicant. The court below has summoned the applicant through a printed order, which is wholly illegal.

6. It is vehemently urged that the impugned cognizance/summoning order dated is not sustainable in the eye of law, as the same has been passed in mechanical manner without applying the judicial mind, because on the face of record itself it is apparent that impugned cognizance/summoning order dated 26.08.2016 has been passed by the Magistrate concerned on printed proforma by filling up the gaps, therefore the same is liable to be quashed by this Court.

7. I have heard the learned counsel for the parties and perused the record.

8. The main issue for consideration before this Court is that whether the learned Magistrate may summon the accused person on a printed proforma without assigning any reason and take cognizance on police report filed under Sections 173 of Cr. P.C. In this regard, it is relevant to mention here that a Court can take cognizance of an offence only when condition requisite for initiation of proceedings before it as set out in Chapter XIV of the Code are fulfilled. Otherwise, the Court does not obtain jurisdiction to try the offences under section 190 (1) of the Cr. P.C. provided that “subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence-

(a) upon receiving a complaint of facts which constitute such offence,

(b) upon a police report of such facts; (c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.

(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try.”

9. At this juncture, it is fruitful to have a look so far as the law pertaining to summoning of the accused persons, by taking cognizance on a poli