Court No. - 34

Case :- APPLICATION U/S 482 No. - 20363 of 2021

Applicant :- Azra Bee @ Azhar Bee

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- M.P.S. Chauhan

Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard learned counsel for the applicant and learned AGA for

the State.

This application has been filed to quash the charge sheet no.

31/2021 dated 09.02.2021 and cognizance order dated

29.06.2021 passed by Judicial Magistrate, Sahaswan, District

Budaun. Further prayer is also made to quash the entire

proceeding arising out of charge sheet in Criminal Case No. 453

of 2021 in Case Crime No. 376 of 2017 (State Vs. Azra Bee and

Another), under Section 3/7 Essential Commodities Act, Police

Station Sahaswan, District Budaun.

It is argued by the learned counsel for the applicant that he has

not named in the FIR. There is allegation of tempering of seal

of the petrol pump, but the main argument is that the

summoning order has been passed on a printed proforma thus it

can not be said that the Court has used his judicial mind in

passing the cognizance order rather it has been passed in a

mechanical manner that can not be sustained and is liable to be

set aside.

Per contra, learned AGA has argued that there is sufficient

material on record to make a prima facie case against the

applicant and the impugned order is neither incorrect nor illegal

or improper, hence the application is liable to be dismissed.

I have gone through the cognizance order appended at page 36

of the paper book, which is obviously passed on a printed

proforma by filling up the blanks and on this cognizance order

the learned Civil Judge (Junior Division) / Judicial Magistrate

has put his initials. The manner in which the impugned order

has been passed shows that the learned Magistrate did not at all

apply his judicial mind at the time of passing the order and after

the blanks were filled up by some employee of the Court he has

put his initials on the seal of the Court. This manner of passing

the judicial order is illegal, if it assumed that the blanks of the

printed proforma are filled up by the officer himself, even then

the impugned order would be illegal and invalid, because the

order of taking cognizance or any other judicial order can not

be passed by filling up the blanks on the printed proforma.

Although in case of Megh Nath Gupta & Another Vs. State of

U.P. and Another 2008 (62) ACC 826, it is found that

Magistrate is not required to pass detailed reasoned order at the

time of taking cognizance on the charge sheet, but it does not

mean that order of taking cognizance can be passed by filling

up the blanks on printed proforma. At the time of passing any

judicial order including the order taking cognizance on the

charge sheet, the Court is required to apply judicial mind and

even the order of taking cognizance cannot be passed in

mechanical manner.

In the judgments of Harishchandra Prasad Mani and Others

Vs. State of Jharkhand and Another (2007) 15 Supreme Court

Cases 494, Fakhruddin Ahmad Vs. State of Uttaranchal and

Another (2008) 17 Supreme Court Cases 157 and Ankit Vs.

State of U.P. and Others U.P. Criminal Report 2009 (3) 427, it

is observed that if the cognizance order has been passed by the

learned Magistrate on printed proforma, it establishes that he

has not applied his mind to the material on record, thus on the

basis of above discussion the application under Section 482

Cr.P.C. of the applicant is allowed to the extent that the

impugned cognizance order dated 29.06.2021 is set aside.

The learned Magistrate concerned is directed to pass a fresh

order of cognizance on the charge sheet filed in Case Crime No.

376 of 2017 (State Vs. Azra Bee and Another), under Section

3/7 of Essential Commodities Act, Police Station Sahaswan,

District Budaun.

Order Date :- 9.2.2022

SK Srivastava

Digitally signed by SAILESH KUMAR

SRIVASTAVA

Date: 2022.02.11 18:5