https://www.taxtmi.com/caselaws?id=311195 A cognizance and summoning order must reflect application of judicial mind to the police report and investigation material before process is issued. While a detailed speaking order is not always required, the record must show that the Magistrate formed an opinion that sufficient grounds existed to proceed. An order passed mechanically on a printed proforma, without consideration of the material, indicates non-application of mind and improper exercise of jurisdiction. The order was therefore unsustainable and was quashed, with the matter remitted for fresh consideration in accordance with law. en-us Mon, 09 May 2022 00:00:00 +0530 Wed, 13 Dec 2023 07:23:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311195 A cognizance and summoning order must reflect application of judicial mind to the police report and investigation material before process is issued. While a detailed speaking order is not always required, the record must show that the Magistrate formed an opinion that sufficient grounds existed to proceed. An order passed mechanically on a printed proforma, without consideration of the material, indicates non-application of mind and improper exercise of jurisdiction. The order was therefore unsustainable and was quashed, with the matter remitted for fresh consideration in accordance with law. Case-Laws Indian Laws Mon, 09 May 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=311195