The cognizance/summon order passed by a Civil Judge has been quashed by Justice Shamim Ahmed of Allahabad High Court on the grounds that the order was passed mechanically without the application of judicial mind. The applicant had filed an application under section 482 of CrPC seeking to quash the summons order and the entire proceeding of a criminal case filed against them under Sections 376 and 313 of IPC.
The applicant’s counsel argued that the accused was falsely accused of developing relations with the complainant under the pretext of marriage and forcing her to abort her pregnancy by threatening her.
The applicant argued that the cognizance order was passed on a printed proforma without any application of judicial mind and without stating any reasons, thus amounting to an abuse of process of law. The applicant contended that he was summoned mechanically without any proper examination of the charge sheet filed against him.
The state’s counsel, on the other hand, acknowledged that the judge had taken cognizance on a printed proforma without stating any reasons, but argued that a cognizable offense was made out against the applicant based on the material on record, and therefore, the application should be dismissed.
The High Court stated that taking cognizance of certain facts that constitute an offense requires the application of mind to determine whether the material collected by the investigating officer provides sufficient grounds to proceed further and constitutes a violation of the law, warranting the person to appear before the criminal court for trial. The Magistrate concerned has a responsibility to act judiciously, considering the facts and the law applicable to the case. The orders of the Magistrate must not suffer from a lack of application of mind.
The court deemed it unacceptable that orders were passed on a printed proforma without any application of judicial mind. The summoning and cognizance order passed by the Civil Judge (Senior Division) was deemed cryptic and failed to meet legal standards, resulting in a miscarriage of justice.
Source: https://www.livelaw.in/news-updates/allahabad-high-court-judicial-order-printed-proforma-summon-by-civil-judge-section-482-crpc-non-application-of-mind-223720
