C482/517/2023
2023 Latest Caselaw 807 UK

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                        COURT'S OR JUDGES'S ORDERS
No
                   Registrar's order with
                        Signatures

      24.03.2023                            C482 No. 517 of 2023
                                            Hon'ble Sharad Kumar Sharma, J.

Mr. Rajesh Pandey and Mr. B.S.

Bhandari, learned counsels for the applicant.

Mr. Tumul K. Nainwal, learned Brief Holder and Ms. Meena Bisht, learned Brief Holder for the State of Uttarakhand.

Though, in the instant C-482 Application, the challenge has been given by the present applicant to the Charge-Sheet No. 83 of 2019 dated 06.06.2019, which is submitted by the Investigating Officer, on which the cognizance has been taken by the Court of Chief Judicial Magistrate, Udham Singh Nagar, vide its order dated 28.01.2021, resulting into the commencement of the proceedings of Criminal Case No. 497 of 2021, "S.I. Sonika Joshi Vs. Anil Sharma & Others", where the present applicant has been subjected to face trial for the offences under Section 477- A of IPC.

The summoning order which has been passed by the Chief Judicial Magistrate, summoning the accused-applicant herein, does not disclose at all that the Court has applied its mind or has assigned reasons to necessitate the summoning of the present applicant. In fact, it's a cryptic order without any rational, not reflecting an application of mind after considering the material on record.

Since, this order being not in consonance to the judgment of the Hon'ble Apex Court as rendered in Pepsi Foods Ltd. & Another Vs. Special Judicial Magistrate & Others as reported in (1998) 5 SCC 749, the same would hereby stand quashed with the consent of the learned counsel for the State.

The matter is remitted back to the court of Chief Judicial Magistrate, Udham Singh Nagar, to pass a fresh order after assigning reasons and upon a rational applicability of mind based upon the material, which is placed before it.

(Sharad Kumar Sharma, J.) 24.03.2023 PN/-