IMPORTANT POINT
Magistrates are expected to provide reasons for finding a prima facie case before issuing summons in a criminal case under Sec. 420 IPC.

JUDGMENT

1. This Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners/Accused 1 & 2 to quash the proceedings against them in C.C.No.6023 of 2022 on the file of III Additional Chief Metropolitan Magistrate, Hyderabad at Nampally.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent - State. Perused the record.

3. The 2nd respondent filed a private complaint against the petitioners. Learned Magistrate having recorded the sworn statements of the complainant has taken cognizance of the offence under Sec. 420 of IPC. In the sworn statement, the 2nd respondent stated that there were loan transactions and though the amounts were repaid one cheque bearing No.000162 which was with them as security was not returned. Basing on the said sworn statement, learned Magistrate has passed orders as follows:

"Heard gone through the record along with statement of complainant and documents filed. In view of the specific allegations leveled against the accused, prima facie case is made out. Hence, cognizance is taken under Sec. 420 IPC of against the accused. Issue summons to Respondent/Accused. Call on 23/9/2022."

4. In the said order, learned Magistrate has not narrated the facts of the case and what are the reasons for the Magistrate to come to a conclusion that there is a prima facie case against the petitioners for taking cognizance under Sec. 420 of IPC. Magistrates are not expected to fill up proforma order as in the present case and issue summons to the accused. Issuance of summons in a criminal case is serious issue and the Magistrates are not expected to issue summons mechanically without application of mind. The cognizance order dtd. 5/8/2022 does not reflect that the Magistrate has applied his mind to the facts of the case to issue summons against the petitioners. For the said reason, cognizance order dtd. 5/8/2022 is hereby set aside. However, this order will not preclude the Magistrate from taking cognizance by giving reasons.

5. Accordingly, the Criminal Petition is disposed off. Miscellaneous applications pending, if any, shall stand closed.