C482/1625/2023
2023 Latest Caselaw 2220 UK

                Office Notes,
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      Date                                        COURT'S OR JUDGES'S ORDERS
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                                  C-482 No. 1625 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Karan Anand, Advocate, for the applicant.

Mrs. Mamta Joshi, Brief Holder, for the State of Uttarakhand.

Although this C-482 Application requires an appreciation of number of facts, as it has been argued by the learned counsel for the applicant, but since at this stage, this Court is passing an order without issuing any notice to the private respondent and is confining itself to the propriety of the summoning order, and particularly, the judicial action taken by the Judicial Magistrate, 2nd, Dehradun, who has issued the impugned summoning order dated 12th July, 2017.

The summoning order itself is very vague and it does not show as to whom, it has been issued, coupled with the fact, that it does not depict, that the Court has even applied its mind to the material, which was placed before it, justifying the necessity of summoning of the present applicant.

Thus, the summoning order apparently happens to be in violation of the judgment of the Hon'ble Apex Court as rendered in M/s Pepsi Foods Ltd. and another Vs. Special Judicial Magistrate and other, as reported in AIR 1998 SC 1298. Hence, the same is quashed and the matter is relegated to the Judicial Magistrate, 2nd, Dehradun, to pass a proper reasoned order in accordance with law.

Subject to the aforesaid, the C482 Application, stands disposed of.

(Sharad Kumar Sharma, J.) Dated 11.08.2023 Shiv