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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Vinod Diwakar,J.
Niraj @ Banti Shahi – Appellant
Versus
State of UP – Respondent
| Table of Content |
|---|
| 1. appreciation for amicus curiae's contributions. (Para 39) |
| 2. applications dismissed; fresh applications permitted on merits. (Para 40 , 41) |
JUDGMENT :
1. Heard learned counsel for the applicants in all the matters, learned A.G.A. for the State-respondent, Shri Vimlendu Tripathi, learned Amicus Curiae and perused the material on record.
2. The judiciary is the bedrock of justice, and its effectiveness depends on adherence to established legal principles. However, a recurring issue plagues the High Court under 482 Cr.P.C. jurisdiction- the trial courts frequently pass summoning orders in contravention of authoritative binding judgments of Constitutional Courts. Despite consistent judgments that clarify the legal framework governing the taking of cognizance, trial courts continue to issue such orders mechanically and arbitrarily, often by inserting case details into pre- drafted or rubber-stamped templates, commonly referred to as “printed-proforma cognizance order”.
3. This issue raises serious concerns about judicial discipline, legal training and judicial accountability. It not only undermines the authority of higher Courts but also leads to unnecessary litigation, wa
Trial courts must apply judicial mind when taking cognizance under Section 190 Cr.P.C., avoiding mechanical processes, to uphold justice and prevent procedural anomalies.
Cognizance of offences - It is settled view that though Magistrate is not required to pass a detailed order when taking cognizance on chargesheet but it does not mean that order of taking cognizance ....
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.
Point of law : A summon is a process issued by a Court calling upon a person to appear before a Magistrate - It is used for purpose of notifying an individual of his legal obligation to appearbefore ....
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.
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