Allahabad High Court
Ram Bahadur & Others vs State Of U.P. & Another on 17 February, 2021
Bench: Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 31
Case :- U/S 482/378/407 No. - 700 of 2021
Applicant :- Ram Bahadur & Others
Opposite Party :- State Of U.P. & Another
Counsel for Applicant :- Syed Mohd. Munis Jafari
Counsel for Opposite Party :- G.A.
Hon'ble Narendra Kumar Johari,J.
Learned counsel for the applicants and learned A.G.A. for the State are present.
This petition under Section 482 Cr.P.C. has been filed for quashing of the Charge-sheet No. A-234 of 2020, dated 01.10.2020, in F.I.R./Crime No.0218 of 2019, under Sections 147, 427, 504, 323, 506, 149 IPC, P.S. Alapur, District Ambedkar Nagar. A further prayer has also been made for quashing of the summoning order dated 10.11.2020, passed by Civil Judge (J.D.)Fast/J.M. Ambedkar Nagar.
Learned counsel for the applicants submits that in the case F.I.R.. has been lodged by police under Sections 147, 420, 427, 504, 323, 506 I.P.C. against the applicants. Thereafter, charge-sheet has been submitted after investigation on 01.10.2020 and Magistrate has taken cognizance of offence on 10.11.2020.
Learned counsel for the applicants has based his argument on the ground that according to law learned Magistrate has not applied his judicial mind for taking cognizance of offence, which is contrary to law. Hence, impugned order dated 10.11.2020 is liable to be quashed.
Learned A.G.A. has opposed the aforesaid prayer. However, he did not dispute that the impugned order is on printed proforma.
On the basis of First Information Report lodged by the complainant Smt. Gayatri Devi on 30.11.2019, a Criminal Case No.8583 of 2020, under Sections 147, 427, 504, 323, 506, 149 IPC, Crime No.218/2019 has been filed. After investigation, charge-sheet has been filed on 01.10.2020 and the Magistrate concerned [Civil Judge (J.D.) FTC/Ambedkar Nagar] has passed the cognizance order dated 10.11.2020 upon the police report. It shows that cognizance order has been passed on the printed proforma by filling the date and sections, in the aforesaid order it seems overwriting on dates also.
The word cognizance is used to indicate the point of time when the Magistrate or Judge, first takes judicial notice of an offence. It is the application of judicial mind to the averments in the police report/complaint, that constitutes the cognizance. It is apparent on record that summoning order after taking cognizance on 10.11.2020 has been passed by the Magistrate concerned on printed proforma by filling up the gap.
Learned counsel for the applicants placed reliance on the case laws Basaruddin and others vs. State of U.P. and others 2011 (1) GIC 335 (ALLD.) (LB) in which the court has held that by filling the typed proforma, the accused has been summoned by the court in mechanical way. It is required by law that there must be application of judicial mind and Magistrate has to satisfy himself regarding prima facie case upon which cognizance can be taken and accused can be summoned. Apparently, the summoning order passed by the learned Magistrate suffers from non-application of mind while taking cognizance of the offence.
Learned counsel for the applicants has also placed reliance on the judgment passed in Kavi Ahmad vs. State of U.P. and others Criminal Revision No. 3209 of 010 and Abdul Rasheed and others vs. State of U.P. and others 2010 (3) GIC 761 (ALLD.) that whenever, any police report/complaint is filed before Magistrate, it is mandatory for Magistrate to apply his mind to the fact stated in the report/complaint for taking cognizance and the Magistrate may summon the accused if he finds that prima facie there is sufficient material on record to proceed with the matter. It has been held that in the case of Arvind Pandey and others vs. State of U.P. and others Application U/s 482 Cr.P.C. No. 15372 of 2019 by this Court that judicial orders cannot be allowed to be passed in a mechanical manner either by filling in blank on a printed proforma or by affixing a ready made seal etc. of the order on a plain paper. Such tendency must be deprecated and cannot be allowed to perpetuate. This reflects not only lack of application of mind to the facts of the case but is also against the settled judicial norms.
In view of the above, the summoning order dated 10.11.2020 is hereby quashed and matter is remanded back to the court concerned to pass a fresh order upon police report dated 01.10.2020, expeditiously in accordance with law.
At this stage, the petition is allowed.
Order Date :- 17.2.2021
ML/-
