SHAMIM AHMED
Ved Krishna – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Shamim Ahmed, J.
Heard Sri Rishad Murtaza, learned counsel for the applicant as well as Sri Manoj Singh learned A.G.A. for the State and perused the record.
2. The instant application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the proceedings of Case No.1004/2019 pending before the Court of Additional Chief Judicial Magistrate-I, Faizabad under Sections 427 , 188 I.P.C. relating to Crime No.493/2018, Police Station Pura Kalandar, District Faizabad as well as summoning order dated 02.04.2019 passed by the Additional Chief Judicial Magistrate-I Faizabad in Case No.1004/2019, relating to Crime No.493/2018, under Sections 427 , 188 I.P.C., Police Station Pura Kalandar, District Faizabad.
3. Learned counsel for the applicant submits that a First Information Report was registered by opposite party No.2, Police Station Pura Kalandar, District Faizabad under Sections 504 , 506, 427, 447 and 379 I.P.C.
4. Learned counsel for the applicant further submits that as per the version of the F.I.R. the informant is pairokar of Sri Laxmi Kant Jhunjhunwala and Sri Prakash Chandra Jhunjhunwal who have land situated at Gata No.383 and in Gata No.399 they h
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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....
When information of a cognizable offence is received or such commission is suspected, proper police officer has authority to enter in investigation of same but where information relates to a non-cogn....
Judicial orders must reflect application of mind; mechanical summoning orders without reasoning are invalid.
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 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.
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