Cognizance of an offence requires the Magistrate to apply their mind to the material on record and record reasons for summoning the accused, as cognizance is taken of the offence and not the offender.

ORDER

This Criminal Petition is filed by the petitioner/accused seeking to quash the proceedings in C.C.No.996 of 2024 pending on the file of the Junior Civil Judge Court, Yadadri, Yadadri-Bhuvanagiri District, for the offences punishable under Sections 447, 427, 504, and 506 of the Indian Penal Code, 1860 (for short, ‘the IPC’).

2. Heard Mr. R. Dheeraj Singh, learned counsel for the petitioner and Mr. Jithendar Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1.

3. With the consent of both the learned counsel, the criminal petition is disposed of at the admission stage on the ground that even according to the learned counsel for the petitioner, the matter before the learned Trial Court has not riped for the trial yet and is at the stage of admission. In view of the same, notice in respect of respondent No.2/defacto complainant is dispensed with.

4. Learned counsel for the petitioner vehemently contended that learned Magistrate had taken cognizance against the petitioner and issued summons mechanically even without application of mind and passed cryptic docket order dated 15.06.2024. He further submitted that the learned Magistrate ought to have taken cognizance against the offence only but not against accused. Therefore, the docket order dated 15.06.2024 passed by the learned Magistrate is liable to be quashed.

5. The above said submissions are not opposed by the learned Additional Public Prosecutor.

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the learned Magistrate has taken cognizance without applying his mind and without assigning any reasons, especially taken cognizance against the accused and not against the offences through docket order dated 15.06.2024.

7. It is very much relevant to mention that in Sunil Bharati Mittal supra the Hon’ble Supreme Court held that the order of issuing process to accused to face criminal trial is a serious issue. Such summoning cannot be done on mere asking and the Court has to record reasons for summoning a person. In GHCL Employees Stock Option Trust v. India Infoline Limited , (2013) 4 SCC 505, the Hon’ble Apex Court found fault with the order of the Magistrate in issuing summons when the Magistrate has not recorded his satisfaction about the prima facie case against the accused. In Chief Enforcemnet Officer v. Videocon International Limited, (2008) 2 SCC 492, the Hon’ble Supreme Court while discussing the expression ‘cognizance’ held that in criminal law ‘cognizance’ means becoming aware of and the word used with respect to Court or a Judge initiating proceedings in respect of an offence. Taking cognizance would involve application of mind by the Magistrate to the suspected commission of an offence. The Hon’ble Supreme Court in Sunil Bharati Mittal’s case (Supra), further held as follows:

“Sine Qua Non for taking cognizance of the offence is the application of mind by the Magistrate and his satisfaction that the allegations, if proved, would constitute an offence. It is, therefore, imperative that on a complaint or on a police report, the Magistrate is bound to consider the question as to whether the same discloses commission of an offence and is required to form such an opinion in this respect. When he does so and decides to issue process, he shall be said to have taken cognizance. At the stage of taking cognizance, the only consideration before the Court remains to consider judiciously whether the material on which the prosecution proposes to prosecute the accused