Printed Proforma Not Acceptable: Allahabad High Court Quashes Cognizance Order By Magistrate

The application was filed under section 482 of CrPC for quashing of summons order and the entire proceeding of criminal case filed under Sections 376, 313 of IPC.

The counsel for the applicant submitted that FIR was filed alleging that the accused had developed relations with the complainant on the pretext of a false promise of marriage and made physical relations with her. She was also forced to abort her pregnancy by threatening dire consequences.

The applicant raised the contention that cognizance has been taken upon the charge sheet filed without writing any reason on printed proforma which is abuse of process of law and the applicant was summoned mechanically.

On the other hand the counsel for state argued that considering the material on record the cognizable offence is made out against the applicant therefore the present application should be dismissed. However he accepted that the judge had taken cognizance on a printed proforma without writing any reason to it.

After hearing both the sides the High Court said,

“Since, it is a process of taking judicial notice of certain facts which constitute an offence, there has to be application of mind as to whether the material collected by the Investigating Officer results in sufficient grounds to proceed further and would constitute violation of law so as to call a person to appear before the criminal court to face trial. This discretion puts a responsibility on the Magistrate concerned to act judiciously keeping in view the facts of the particular case as well as the law on the subject and the orders of the Magistrate does not suffer from non-application.”

The court found passing of orders on printed proforma without application of judicial mind unacceptable and held that summoning/ cognizance order passed by the Civil Judge (Senior Division) is cryptic. It does not stand the test of the law and has resulted in a miscarriage of justice.

Case- Satya Pal v. State Of U.P. Thru. Prin. Secy. Home Lko. And Another

Case citation: 2023 LiveLaw (AB) 96

Counsel for Applicant- Rishad Murtaza,Aishwarya Mishra,Syed Ali Jafar Rizvi

Counsel for Opposite Party -Hari Shankar Vajpayee, A.G.A.-I

Click Here To Read/Download Order