Application of mind is mandatory before issuing summons; a printed proforma order under Section 204 CrPC is invalid.

An order issuing summons under Section 204 of the Code of Criminal Procedure is valid only where the Magistrate applies mind to the material and records satisfaction that there is sufficient ground for proceeding. A printed proforma order, with only dates filled in and no indication that the record was considered, shows a mechanical exercise and does not meet the statutory threshold. Such a summons order is liable to be set aside, and the matter must be reconsidered by the Magistrate in accordance with law.

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Issues: Whether the order issuing summons on a printed proforma without application of mind satisfied the requirements of Section 204 of the Code of Criminal Procedure, 1973.

Analysis: Section 204 requires the Magistrate to form an opinion that there is sufficient ground for proceeding before issuing summons or warrant. An order passed in a printed proforma, with only the dates filled in and without any indication that the material was considered, shows absence of application of mind and failure to form the requisite opinion. Such a mechanical order does not comply with the statutory requirement and is liable to be set aside.

Conclusion: The summons order was invalid and was rightly set aside; the proceedings were remitted for fresh action in accordance with law.

Final Conclusion: The challenge succeeded, and the matter was sent back for reconsideration under the proper statutory standard for issuance of process.

Ratio Decidendi: An order issuing process under Section 204 of the Code of Criminal Procedure, 1973 is valid only if the Magistrate applies mind to the material and records satisfaction that there is sufficient ground for proceeding; a mechanical printed-form order does not satisfy that requirement.

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