2021 (1) TMI 1325

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....f 2019, (Sanjay and others vs. State of U.P.), under Sections 498A, 323 IPC and Section 3/4 D.P. Act, Police Station- Sadar Bazar, District- Agra, pending in the Court of Chief Judicial Magistrate, Agra. Learned counsel for the applicants submits that the cognizance/summoning order dated 25.08.2020 has been passed by the Chief Judicial Magistrate, District Agra without applying his judicial mind on a printed format and the same is vague, ambiguous and nullity. He next submits that perusal of the summoning order indicates that except for directing the office to summon the applicants, absolutely no reasons have been mentioned in support thereof. He further submits that it is settled law that every orders are to be judged on reasons r....

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.... Normally, this Court would have set aside such cognizance/summoning orders and directed the court below to pass a fresh orders by giving reasons, but this Court finds that despite repeated orders of this Court on judicial side as well as administrative side, everyday various applications under Section 482 Cr.P.C. are being filed before this Court challenging the cognizance/summoning orders passed on a printed proforma, which takes precious time of this Court. This Court, therefore, directs the Chief Judicial Magistrate, District Agra to send his report by the next date after calling for comments of the concerned Magistrate as to why such orders are being passed on a printed proforma, despite various orders of this Court. ....

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.... in future while passing any judicial orders. The Chief Judicial Magistrate, Agra shall ensure that such orders on a printed proforma are not passed by any judicial officers of Judgeship Agra. Now, this Bench comes on the merits of the present application. This application under Section 482 Cr.P.C. has been filed for setting aside the order dated 25.08.2020 passed by Chief Judicial Magistrate, District Agra and for quashing the entire proceedings of the Case Crime No. 0714 of 2019, (Sanjay and others vs. State of U.P.), under Sections 498A, 323 IPC and Section 3/4 D.P. Act, Police Station- Sadar Bazar, DistrictAgra, pending in the Court of Chief Judicial Magistrate, Agra. Today, learned counsel for the applicants has confined his r....