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OM PRAKASH SHUKLA
Ram Bux – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Om Prakash Shukla, J.
1. Heard Shri Vipin Kumar Mishra, learned Counsel for the applicants and Shri Arvind Kumar Tripathi, learned A.G.A.-I for the State respondent.
2. The applicants by invoking the inherent powers of this Court under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') have challenged the summoning order dated 07.12.2013 passed by Judicial Magistrate-III, Faizabad in Case No.1197/2012, State Vs. Ram Ajore & others, arising out of N.C.R. No. 85 of 2008, under Sections 323, 504, 506 I.P.C., Police Station Gosainganj, District Faizabad as well as the impugned charge sheet dated 10.04.2012, submitted in N.C.R. No.85/2008, under Sections 323, 504, 506 I.P.C. along with the entire proceedings of Case No.1197/2012.
3. Briefly stating, the story put forth by the prosecution is that as the complainant was on his way to his house from the field he was abused by the applicants and one Ram Ajore with fists and kicks in front of the house of Hari Ram. Further it has been alleged that the complainant was threatened and even when his wife came to save him, she was also beaten by them which led to the lodging of N.C.R. No. 85 of 2008 on 0
Cognizance of non-cognizable offences must follow complaint procedure, and any delay in cognizance is barred by limitation under the Code of Criminal Procedure.
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 Magistrates must follow procedural requirements for taking cognizance of non-cognizable offenses, treating police reports as complaints and ensuring fair opportunity to the accused.
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.
Judicial orders must reflect application of mind; mechanical summoning orders without reasoning are invalid.
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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