Recently Hon’ble Justice Saurabh Shyam Shamsheri of Allahabad High Court delivered a Judgment on the issuance of summons by the lower court without application of Judicial Mind, just by filling the blanks on a Printed Form.
The Uniqueness of the Judgment is that it is written in Hindi when generally, all decisions of the High Court are written in the English language.
The main facts of this decision are as follows:
A petition was filed under Section 482 of the Code of Criminal Procedure, praying that the summons order dated 20.06.2020 and the entire criminal proceedings be quashed.
Anshul Kumar Singhal, Advocate for the applicant, stated that the Court of Chief Judicial Magistrate, Ghaziabad, without using its judicial mind, has mechanically taken cognizance of the offence under Section 190 (b) of IPC. On the printed form, the summons has been issued by writing the date of the summons and the details of the case on the blank.
In support of its statement, he relied upon Ankit v. Government of Uttar Pradesh 2010 (1) JIC, 432, which criticizes the practice of taking cognizance on a pre-printed form, without application of judicial mind.
The advocate also pleaded that this was a misuse of court proceedings. Therefore, this High Court, using its inherent powers, can cancel the summons order and consequent proceedings.
The Government Advocate opposed the above request and said that the court need not pass any detailed order while taking cognizance. In the order under challenge, it is clearly written that cognizance of crime was taken only after considering the first information report, case diary and other prosecution forms. Therefore, there is no illegality in the order under challenge.
Analysis of the Allahabad High Court:
The Court observed that the inherent powers of the Court cannot be limited by any provision of Cr.P.C. These are the inherent powers required to give effect to any order under this Code, or to prevent the misuse of any court proceedings or otherwise to secure or to obtain justice.
These powers are not vested in the High Court under this Code, rather these powers are vested in the High Court, which is declared only by a provision of the Code.
Further, the Court said that taking cognizance under section 190 IPC is a serious process which cannot be taken mechanically. The court should examine the documents available on record and the magistrate should take cognizance of the offence under this section only by using his judicial mind.
The Court held that it is true that while taking cognizance there is no need to write a detailed order but the court should be satisfied and it must be reflected in the order that there are sufficient grounds to take cognizance in the case.
Further, the High Court, observed that it is perfectly clear from the lower court’s order that the lower court has by mechanically filling the blanks on the printed form has issued the summon, without application of judicial mind.
Court referred to the Judgments in the case of Avdesh v. State of U.P. and others: (12) A.D.J., 667 of Pra 12, 13 and 16; Saurabh Deewana v. State of U.P. : 2010 (3) A.D.J. 622; And Sudesh Bhadauria v. State of U.P. and others: 2020 (8) A.D. J. 54).
The High Court said that judicial orders cannot be mechanically allowed to be passed by filling in the blanks on the previously printed form. Such a trend has been consistently condemned by the High Court, as it is contrary to judicial norms.
Hon’ble Judge said that such practice should be stopped immediately. In the above statement, the High Court found it clear that in the present case, it is appropriate to use the inherent powers of the Court because the impugnedt order has misused the proceedings of the court.
Therefore, the order dated 20.06.2020 (summons order) was quashed and the record was returned to the lower court with direction to pass an order in the light of above onservations.
Case: Application Section 482 No- 13883/2020
Ttitle: Ashu Rawat vs State of U.P.
Quorum- Hon’ble Justice Saurabh Shyam Shamsheri,
Advocate of Applicant- Anshul Kumar Singhal:
Opposition: Government Advocate