Jitendra Vasant Mahadik vs Mr. K.G. Patil, Special Executive ...
2003 Latest Caselaw 163 Bom

JUDGMENT

J.G. Chitre, J.

1. The Petitioner is hereby assailing correctness, propriety and legality of the order passed by the Special Executive Magistrate, Dombivali Division connected with Chapter Case No. 63/1998, whereby the petitioner was directed to appear before the said Executive Magistrate for the said Chapter case proceeding. He was directed to furnish interim bond.

2. Miss Mhaisapurkar submitted that the learned Magistrate has not applied judicial mind at all and used cyclostyled form for the purpose of passing the order. Therefore, the said act is illegal, and, therefore, it be quashed along with said interim bond.

3. Shri Saste, A.P.P. vehemently argued and tried to justify the action taken by the learned Special Executive Magistrate and prayed for dismissal of the writ petition.

4. The learned Magistrate issued show cause notice in view of provisions of Section 111 of Code of Criminal Procedure, 1973 (hereinafter referred to as Code for convenience). However, conveying the said order to the petitioner, he utilised a cyclostyled form, wherein the blanks have been filled in probably by the Clerk from his office, because, the signature of the learned Magistrate is quite different from the hand writing in which six lines from the cyclostyled form have been filled in. The sentences used in that blank portion of the cyclostyled form are also not connecting the said portion of the order with remaining cyclostyled portion of the said sheet. Every judicial act contemplates a judicial performance and it cannot be achieved by mechanical process of utilising a cyclostyled form. The Magistrate has to apply his mind and has to write the judicial order himself or has to be got typewritten under his supersession. If that is to be typewritten, the said order should show that it has been so typewritten at his dictation. The order overall should show the application of judicial mind and a judicial performance. The order which has been assailed is lacking in all respects the quality of a judicial order.

5. The bond which has been furnished as a result of said illegal order has to be quashed, because, nothing illegal can be permitted to survive even for a moment.

6. Thus, the petition is allowed. The order which has been impugned stands quashed along with said interim bond.

Parties concerned to act on a simple copy of this order, duly authenticated by the Court Stenographer /Sheristedar of this Court.