THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.4063 OF 2025

O R D E R:

This Criminal Petition is filed seeking to quash the summoning order dated 11.12.2023 against the petitioner/accused No.4 in C.C.No.404 of 2023 on the file of the learned Additional Judicial Magistrate of First Class, Armoor, Nizamabad District (for short, “the trial Court”).

2. Heard Mr.C.M.R.Velu, learned counsel for the petitioner and Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1-State.

3. Learned counsel for the petitioner submits that the petitioner is the Sub-Registrar/accused No.4 and the accusation against him in the complaint is that the petitioner along with accused Nos.1, 2, 3, 6 played fraud and grabbed assigned lands in survey Nos.40/2 and 40/3 at Lakkora Village Shivar by creating false documents; that during the course of investigation, the Investigating Officer addressed letters to the Assistant Commissioner of Police, Armoor for their permission to drop action against accused Nos.3, 4, 6 to 8. Upon obtaining the permission the Investigating Officer dropped action against them and filed charge sheet against accused nos.1, 2 and 5 only. However, contrary to the charge sheet the learned Judge of the trial Court issued summons against accused Nos.1 to 10 on

11.12.2023, which is abuse of process of law.

4. He further stated that the petitioner appeared before the learned Judge on 25.02.2025 whereupon he was directed to furnish personal bond for Rs.10,000/- with two sureties and the case was posted to 28.03.2025. He submits that the learned Magistrate issued summons mechanically without there being any protest petition filed by respondent No.2. Therefore, relying on the order dated 05.03.2025 passed by this Court in Criminal Petition No.1687 of 2020, he seeks to quash the impugned proceedings.

5. Learned Assistant Public Prosecutor submits that the petitioner has already received the summons and appeared before the trial Court. Therefore, he states that, interference of this Court, at this stage, is not warranted and seeks to dismiss this Criminal Petition.

6. The only ground raised by the learned counsel for the petitioner is that, the Court below has mechanically taken cognizance on a printed format and issued summons. Such issuance of summons, without giving any reasons is bad in view of the judgment of this Court in Alda D’souza vs. State of Telanaga and Others1 This Court, in Alda D’souza’s case, held as under:

“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 6 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, the court is satisfied to take cognizance” and accordingly summons are issued;

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ii) In the present case, it is endorsed by the Magistrate as “the complaint is taken on file against the accused for offences punishable U/s….”;

iii) Instead of writing a Cognizance order, stamps are made and stamped on the Charge sheet/complaint and Blanks are filled about the cognizance being taken under the penal provisions and th