C482/281/2017
2023 Latest Caselaw 598 UK

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      13.03.2023                            C482 No. 281 of 2017

                                            Hon'ble Sharad Kumar Sharma, J.

Mr. Mohd. Safdar, learned counsel for the applicants.

Mr. V.K. Gemini, learned Deputy Advocate General for the State.

This C-482 application was instituted by the present applicants on 02.03.2017, whereby, they apart from the challenging the proceedings of Criminal Case No. 1060 of 2016, wherein, they have been summoned to be tried under Sections 332, 353 & 504 of IPC, have also put a challenge to charge-sheet dated 28.07.2015 and summoning order dated 14.01.2016 as it was rendered by the Court of Judicial Magistrate Haridwar.

Apart from, that despite of the fact that the matter stood instituted in 2017, the learned Government Advocate till date, have not filed their counter affidavit to deny the pleadings raised in the C-482 application.

The counsel for the applicants has argued, that the summoning order dated 14.01.2016, in fact, is a mechanical order, which has been passed in the cyclostyle manner, without an application of mind and hence, it cannot justify the test of reasonability in passing the summoning order, summoning the accused person to face a criminal trial.

As per the principle, which has been enunciated by the Hon'ble Apex Court, that for the purposes of summoning of an accused person, the Court has have to apply its mind on the material placed before it, prior to passing of the summoning order. Since, the summoning order do not justify the test as laid down by the Hon'ble Apex Court in the judgment of Pepsi Foods Ltd. & Another Vs. Special Judicial Magistrate & Others as reported in (1998) 5 SCC 749, the relevant part of which is extracted herein above.

The C-482 application deserves to be allowed and as a consequence thereto, the summoning order dated 14.01.2016 is hereby quashed.

The matter is remitted back to the court of Judicial Magistrate Haridwar, District Haridwar to pass a fresh and reasoned order, after considering the material, which are placed before it.

(Sharad Kumar Sharma, J.) 13.03.2023 PN/-