2020 (7) TMI 736

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....rd Sri Mahesh Chandra Tiwari, learned counsel for the applicant through video conferencing and Sri P.K. Srivastava, learned A.G.A. for the State. Perused the record. This application under Section 482 Cr.P.C. has been filed to quash the entire criminal proceedings of Complaint Case No. 11 of 2019 (R.O.C. vs. M/s Agrawal Khandelwal and Associates Charted Accountants), under Section 143 Companies A....

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....five lines appear to be typed by the typist of the concerned Magistrate. Learned Magistrate has simply put his initial over his name without applying his judicial mind before passing the said order. He has further submitted that the learned Magistrate has simply signed the summoning order. The said proforma based summoning order in five lines shows that there was total nonapplication of mind, whi....

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.... the present application prayer made by the learned counsel for the applicant but he could not dispute the submissions made by the learned counsel for the applicant. The argument advanced on behalf of applicant has substance. The use of proforma in passing the judicial order is not proper and the order of summoning the applicant has been passed without application of judicial mind, which is subst....

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....iding the validity of the summons issued. In Sunil Bharti Mittal v. Central Bureau of Investigation reported in AIR 2015 SC 923, the Three Judges' of the Apex Court held as under: " 47. However, the words "sufficient grounds for proceeding" appearing in the Section are of immense importance. It is these words which amply suggest that an opinion is to be formed only after due application of ....