Use Of Blank Printed Proforma For Passing Judicial Order Is Unacceptable: Allahabad HC Sets Aside Cognizance & Summoning Order

“While passing any judicial order including the order taking cognizance on the charge-sheet, the Court is required to apply judicial mind and the order of taking cognizance cannot be passed in mechanical manner,” a bench of Justice Syed Qamar Hasan Rizvi said.

With these observations, the Court set aside a cognizance and summoning order passed by the Judicial Magistrate, Azamgarh, concerning a case under Sections 434, 506 IPC. The judicial officer has been directed to pass an order on the charge sheet filed in the case.

The court was essentially dealing with a Section 482 CrPC petition filed by one Roshan Lal challenging the cognizance/summoning order of July 2022 and the proceeding in the criminal case pending before the Court of Additional Civil Judge (Judicial Division) / Judicial Magistrate, Azamgarh.

The applicant alleged that he had been implicated in the criminal case at the instance of the opposite party no.2 to harass him and create undue pressure on them despite the fact that the dispute between the applicant and the opposite party no.2 is purely of a civil nature.

It was also contended that the Court below, in the most arbitrary and mechanical manner, passed the impugned cognisance order dated on a printed proforma by brushing aside the spirit of Section 190 of CrPC. The AGA appearing for the state defended the order of the Judicial Magistrate.

Against the backdrop of these submissions, the Court perused the impugned order to note that the Judicial Magistrate passed the order simply on a printed proforma by putting his short signature (initial) above the court's seal and filling only the figures of the Case number, Name of the accused, certain Sections of the Indian Penal Code, name of the Police Station, Date of issuance of the order, and the next date fixed.

“Thus, it is abundantly clear that in the present case, impugned cognizance and summoning order has been passed without any application of mind as the same does not reflect any consideration by the learned Magistrate, qua the material on record to be sufficient to proceed against the accused-applicant, before taking cognizance of the offence under Sections 434 and 506 of the Indian Penal Code,” the Court further remarked.

The Court added that the Magistrate initiated the criminal proceeding in the most mechanical manner, evidently without applying mind, setting criminal proceedings into motion as a matter of course by issuing the impugned cognizance/summoning order on a printed proforma.

“…such action on the part of the learned Magistrate is dehor of the provisions of Section 190 of the Code of Criminal Procedure,” the Court said.

In view of these observations, the High Court, to prevent the abuse of the process of Court and to secure the ends of justice, entertained the present Application and set aside the impugned cognizance and summoning order.

Appearances

Counsel for Applicant: Babu Lal Ram, Kamlesh Kumar Rajbhar

Counsel for Opposite Party: G.A.