Magistrates must apply their minds and consider the material on record before issuing summons to accused persons.

ORDER :

1. The Criminal Petition is filed under Section 482 of the Code of Criminal Procedure (for short Cr.P.C.) by the petitioner/Accused Nos.4 and 5 to quash the proceedings in C.C. No. 1903 of 2019 on the file of the II Additional Junior Civil Judge-cum-XIX Additional Magistrate at Malkajgiri, Cyberabad, for the offences punishable under Sections 420, 467, 468, 417 of Indian Penal Code.

2. Heard learned counsel for the petitioners and learned Public Prosecutor for the Respondent No. 1 and perused the record.

3. Petitioner No. 1 was arrayed as Accused No. 4 and she died during pendency of this petition. Death certificate is filed.

4. Briefly the case of the de facto complainant is that he entered into an agreement with Accused No. 1 for the purchase of property which belongs to these petitioners/accused Nos. 4 and 5. An amount of Rs. 22,00,000/- was taken by accused No. 1 for the sale of house property of these petitioners. However, during the course of investigation, the police found that these petitioners, who are the owner’s have never interacted with the de facto complainant/respondent No. 2 and accused no. 1 had introduced someone else as the owners to the purchaser. On the said basis when the petitioners were not involved in any manner with the sale transaction by accused No. 1, the police dropped proceedings against these petitioners.

5. However, the Learned Magistrate by an endorsement on the charge-sheet directed issuance of summons to accused Nos. 1 to 5. Since the summons were issued without any basis, the petitioners are before this Court questioning the proceedings against them.

6. Initially the case was numbered as C.C. No. 1302 of 2015 against Nos. 1 to 5 and thereafter the case was split up against accused Nos. 2 to 5 and re-numbered as C.C. No. 1903 of 2019. C.C. No. 1302 of 2015 ended in conviction of accused no. 1 by Judgment, dated 19.11.2019.

7. Learned counsel for the petitioners would submit that the even without protest application being filed by the de facto complainant the learned Magistrate committed error in issuing summons to these petitioners to face criminal prosecution. Even the order directing issuance of summons does not reflect application of mind by the learned Magistrate.

8. On the other hand, the learned Public Prosecutor would submit that these are transactions of sale of house property by the petitioners, as such it is for the trial Court to decide whether any offence is made out or not.

9. As seen from the Judgment convicting the accused No. 1 there are no allegations against these petitioners, who are the actual owners. Even, according to the evidence that was produced, the amounts were collected by accused No. 1 from the purchasers.

10. In the course of investigation, the police found that accused No. 1 had introduced someone else as house owners. These petitioners had never interacted with the respondent No. 2/de facto complainant.

11. Issuance of process in criminal trial is a serious issue. Unless the criminal Court finds adequate grounds and reasons to summon the witness, the same cannot be done. In the present case no protest application was filed by the de facto complainant questioning the deletion of the names of these petitioners, when charge sheet was filed. As seen from the endorsement of the learned Magistrate it was ordered to issue summons to accused No. 1 to accused No. 5 without there being any other order or reasons for issuance of summons to these petitioners against whom proceedings were dropped. It appears that the Magistrate without even looking into the charge sheet, mechanically directed issuance of summons.

12. Several quash petitions are being filed before this Court questioning the very cognizance order taken by the learned Magistrates or the Special Courts. The cognizance orders are bereft of any reasons and bald assertions are made for taking cognizance; to illustrate:

(i) In some of the orders it is mentioned as “having gone through the statements and other material,