A Magistrate must provide a reasoned order taking cognizance, indicating application of mind to the complaint and evidence; otherwise, the order is liable to be quashed.

Dated this the 2nd day of July, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973 , to quash Annexure-C and Annexure-D and all further proceedings pursuant to the same pending as C.C. No.1188/2019 on the files of the Judicial First Class Magistrate Court-I, Neyyattinkara as against the petitioners. The petitioners are accused Nos. 4 and 5 in the above case.

2.Heard the learned counsel for the petitioners, the learned counsel for the defacto complainant and the learned Public Prosecutor, in detail. Perused the relevant materials.

3.In this matter, the 2nd respondent/defacto complainant preferred a complaint before the Judicial First Class Magistrate Court-I, Neyyattinkara as against the petitioners and others. The learned Magistrate forwarded the said complaint as provided under Section 156 (3) of Cr.P.C. Thus, Crime No.1926/2018 of Neyyattinkara Police Station was registered for the offences punishable under Sections 498(A) read with 34 of IPC.

4.It is submitted by the learned counsel for the petitioners that initially the crime was registered as against accused Nos. 1 to 5. Later, on investigation, charge laid against accused Nos. 1 to 3 and accused Nos. 4 and 5, who are the petitioners herein, were deleted from the party array. Thereafter, protest complaint was lodged by the defacto complainant, which led to passing of Annexure-D order dated 27.10.2023 in C.C. No.864/2023, whereby the trial court took cognizance for the above said offences by arraying accused Nos. 4 and 5 also. According to the learned counsel for the petitioners, Annexure-D order itself is without any reasons and for the said reason, the same would require interference.

5.Whereas, the learned counsel for the 2nd respondent/defacto complainant attempted to justify Annexure-D order, on the submission that in the Final Report filed by the Investigating Officer, there are allegations as against accused Nos. 4 and 5 and in such view of the matter, the trial court passed Annexure-D order and the same does not require any interference.

6.The learned Public Prosecutor also seriously opposed the prayer for quashment.

7.The law is well settled, in so far as the materials to be stated in the order taking cognizance. In the decision reported in Chandran C.R. v. State of Kerala [2024 KHC OnLine 514 : 2024 KHC 514 : 2024 KER 43764], this Court held as under:

Adverting to the legal position with reference to the essentials to be stated in an order taking cognizance, it is held that the order of Magistrate summoning the accused must reflect that he has applied his mind to the facts of the case and the law applicable thereto. The Magistrate has to record his satisfaction with regard to the existence of a prima facie case on the basis of specific allegations made in the complaint supported by satisfactory material evidence on record.

Criminal law cannot be set into motion as a matter of course. The Court has to examine the nature of allegations made in the complaint and the evidence both oral and documentary in support thereof and would that be sufficient for the complainant to succeed in bringing charge home to the accused. It is not that the Magistrate is a silent spectator at the time of recording of preliminary evidence before summoning of the accused. Magistrate has to carefully scrutinise the evidence brought on record and may even himself put questions to the complainant and his witnesses to elicit answers to find out the truthfulness of the allegations or otherwise and then examine if any offence is prima facie committed by all or any of the accused.

Therefore, an order taking cognizance should be selfspeaking and the same should contain the materials relied on by referring the same in detail and based on the said materials the offences for which cognizance proposed to be taken are made out, so as to justify the order taking cognizance. The order of cognizance without disclosing the essentials described he