TaxTMI 
TaxTMI 
2022 (5) TMI 1605
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....ants has submitted that the impugned cognizance has been taken without applying its judicious mind and summoning order dated 01.12.2020 has been passed by the Chief Judicial Magistrate, Shamli, District Shamli on a printed proforma. It is further submitted that before taking cognizance and issuing summons, the court has to apply its judicious mind and it cannot be passed in a mechanical and routine manner after filing of the charge-sheet, as it has been done in the present case, and hence, the summoning order is liable to be quashed. In support of submissions, learned counsel for the applicant placed reliance on the judgment of this Court passed in the Case of Smt. Rubina Khan Vs. State of U.P. and another (Application Under Section 482 No.7854 of 2021, decided on 10.08.2021. Reliance has further been placed on the judgments of this Court passed in the cases of Ankit Vs. State of Uttar Pradesh reported in 2009 4 ADJ 778, Pankaj Jaiswal Vs. State of Uttar Pradesh and another (Application under Section 482 No. - 11334 of 2021 decided on 09.08.2021, Ashu Rawat Vs. State of Uttar Pradesh and others ( Application under Section 482 No. 13883 of 2020) and Vishnu Kumar Gupta Vs. State of U....
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....rned to act judiciously keeping in view the facts of the particular case as well as the law on the subject and the orders of Magistrate does not suffers from non-application of judicial mind while taking cognizance of the offence. In the case of Basaruddin & others Vs. State of U.P. and others, 2011 (1) JIC 335 (All)(LB), the Hon'ble Court was pleased to observe as under:- "From a perusal of the impugned order, it appears that the learned Magistrate on the complaint filed by the complainant has summoned the accused in a mechanical way filling the date in the typed proforma. Learned Magistrate while taking cognizance of the offence on complaint was expected to go through the allegations made in the complaint and to satisfy himself as to which offences were prima facies, being made out against the accused on basis of allegations made in the complaint. It appears that the learned Magistrate did not bother to go through the allegations made in the complaint and ascertain as to what offences were, prima facie, being made out against the accused on the basis of allegations made in the complaint. Apparently, the impugned order passed by the learned Magistrate suffers from non-appli....
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....e. Cognizance, therefore, takes place at a point when a Magistrate first takes judicial notice of an offence. This is the position whether the Magistrate takes cognizance of an offence on a complaint, or on a police report, or upon information of a person other than a police officer. Therefore, when a Magistrate takes cognizance of an offence upon a police report, prima facie he does so of the offence or offences disclosed in such report. In the case of Ankit Vs. State of U.P. And another passed in Application U/S 482 No.19647 of 2009 decided on 15.10.2009, this Court was pleased to observe in paragraph No.8 of the judgment as under:- Below aforesaid sentence, the seal of the court containing name of Sri Talevar Singh, the then Judicial Magistrate-III, has been affixed and the learned magistrate has put his short signature (initial) over his name. The manner in which the impugned order has been prepared shows that the learned magistrate did not at all apply his judicial mind at the time of passing this order and after the blanks were filled up by some employee of the court, he has put his initial on the seal of the court. This method of passing judicial order is wholly illegal. ....
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....cial Magistrate had merely entered the next date fixed in the case in the blank portion of the ready made order. Apparently the learned Magistrate had not applied his mind to the facts of the case before passing the order dated 20.12.2018, therefore, the impugned order cannot be upheld. 7. Judicial orders cannot be allowed to be passed in a mechanical manner either by filling in blank on a printed proforma or by affixing a ready made seal etc. of the order on a plain paper. Such tendency must be deprecated and cannot be allowed to perpetuate. This reflects not only lack of application of mind to the facts of the case but is also against the settled judicial norms. Therefore, this practice must be stopped forthwith." In the case of Vishnu Kumar Gupta (supra). The relevant observations and findings recorded in the said case are quoted hereunder:- "10. At this juncture, it is fruitful to have a look so far as the law pertaining to summoning of the accused persons, by taking cognizance on a police report filed under section 173 of the Cr.P.C., is concerned and the perusal of the case law mentioned herein below would clearly reveal that cognizance of an offence on complaint is ta....