Application of mind in summoning orders: cyclostyled process orders were quashed for mechanical exercise.

A summoning order under the Delhi Municipal Corporation Act cannot stand where it is a stereotyped cyclostyled order showing no application of mind. A Magistrate must demonstrate consideration of the complaint and record before issuing process, especially because such an order carries penal consequences. A printed proforma filled in mechanically does not satisfy that duty. The Delhi High Court therefore quashed the summoning order and remitted the matter to the Magistrate to pass fresh orders in accordance with law after examining the material.

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Issues: (i) Whether the summoning order passed on the complaint under the Delhi Municipal Corporation Act could be sustained when it was a stereotyped cyclostyled order reflecting no application of mind.

Analysis: A judicial order, particularly one having penal consequences, must disclose that the Magistrate has applied his mind to the material before issuing process. A printed proforma order merely filled in at the relevant places does not satisfy that requirement. The use of a cyclostyled format, without demonstrated consideration of the facts and material on record, shows a mechanical exercise inconsistent with the duty cast on the Magistrate.

Conclusion: The summoning order was unsustainable and was quashed. The matter was remitted to the Magistrate for passing appropriate orders in accordance with law after considering the record.

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