Speaking and reasoned summoning orders required; mechanical cognizance order on a printed proforma was set aside.

A cognizance and summoning order issued on a printed proforma, without recorded reasons or application of mind, was held unsustainable because a summoning order affecting an accused's rights must be a speaking and reasoned order. The High Court followed its earlier view that such mechanically issued orders are disapproved, and set aside the impugned order. The matter was remitted to the Magistrate to pass a fresh order in accordance with law after proper consideration.

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Issues: Whether the cognizance and summoning order passed on a printed proforma without application of mind was liable to be set aside and whether a fresh speaking and reasoned order was required to be passed.

Analysis: The cognizance and summoning order was found to have been passed on a printed format without recording reasons or reflecting application of mind. Such orders were already disapproved in earlier decisions of the same Court, and a summoning order affecting the rights of an accused must disclose reasons and be a speaking order. On that basis, the Court held that the impugned order could not be sustained. The matter was remitted for reconsideration by the Magistrate in accordance with law.

Conclusion: The cognizance and summoning order was set aside, and the Chief Judicial Magistrate was directed to pass a fresh speaking and reasoned order.

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