Allahabad High Court
Emmanuel Masih And 2 Others vs State Of U.P. And Another on 22 February, 2021
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- APPLICATION U/S 482 No. - 17364 of 2020 Applicant :- Emmanuel Masih And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sundeep Shukla Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
On the matter being taken up, on 4th January, 2021, following order was passed by this Bench:-
"This application under Section 482 Cr.P.C. has been filed for quashing of the charge-sheet dated 22nd November, 2019 the cognizance order/summoning order dated 4th September, 2020 passed by the Additional Chief Judicial Magistrate, Court No.5, Meerut as well as entire proceedings of the Criminal Case No. 6436 of 2020 (State Vs. Emmanuel Masih & Others) arising out of Case Crime No. 61 of 2019, under Sections 498-A, 323, 504, 506 I.P.C. as also under Sections 3/4 D.P. Act, Police Station-Civil Lines, District-Meerut pending in the court of aforesaid Magistrate.
Learned counsel for the applicants submits that the cognizance/summoning order dated 4th September, 2020 has been passed by the Additional Chief Judicial Magistrate, Meerut without applying his judicial mind on a printed format and the same is vague, ambiguous and nullity. He next submits that the 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 recorded therein. He further submits that despite various orders of this Court passed on the judicial side as well as on the administrative side, such orders on a printed proforma are being passed by the subordinate courts. He therefore, submits that summoning order be set aside.
Learned A.G.A. does not dispute the correctness of the submissions made by the learned counsel for the applicants and he has no objection if the summoning order is set aside.
After considering the submissions made by the learned counsel for the parties and going through the records of the present application, this Court finds that the cognizance/summoning order dated 4th September, 2020 has been passed by the Additional Chief Judicial Magistrate, Meerut without application of mind on a printed format. Such cognizance/summoning orders passed on a printed proforma has already been set aside by this Bench while passing a detail order dated 11th November, 2020 in Application U/S. 482 No. 41617 of 2019 (Vishnu Kumar Gupta & Another Vs. State of U.P. & Another). Apart from the above, various Benches of this Court on judicial side have passed orders directing the subordinate courts to pass such cognizance/summoning orders with application of mind giving satisfactory reasons. This Court on the administrative side has also issued circulars to the subordinate courts from time to time restraining them from passing such cognizance/summoning orders on a printed proforma without application of mind.
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 taking cognizance/summoning orders passed on a printed proforma, which takes precious time of this Court.
This Court, therefore, directs the District Judge, Meerut 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.
Let this matter be put up on 12th January, 2021 as fresh.
The Registrar General is directed to communicate this order to the District Judge, Meerut within 24 hours for necessary compliance.
Till the next date of listing, no coercive action shall be taken against the applicants."
Pursuant to the above order, a letter has been sent by the District Judge, Meerut on 9th January, 2021 along with the explanation given by the concerned Magistrate, i.e. Additional Chief Judicial Magistrate, Court No. 05, Meerut vide his letter dated 8th January, 2021, who has passed the cognizance/summoning order on a printed proforma. In the explanation given by the concerned Magistrate, he has accepted the mistake and has tendered his unconditional apology for the same.
The explanation given by the concerned Magistrate is not acceptable because if a Judge makes such a mistake, then from where will the general public get fair justice. A Judge acts like a God, he should not make mistakes due to haste or excess of work. How will a normal man get justice when a judge makes a mistake because of the excess of his work? At the present time, only from the temple of justice like Courts, everyone hopes for right and fair justice.
However, it would not be in the interest of justice to proceed further against the concerned Magistrate, keeping the present application pending. Therefore, this Court warns the concerned Judicial Magistrate to remain more careful and cautious in future while passing any judicial orders. The District Judge, Meerut shall ensure that such orders on a printed proforma are not passed by any judicial officers of Judgeship Meerut.
Now this Bench comes on the merits of the present application.
This application under Section 482 Cr.P.C. has been filed for quashing of the charge-sheet dated 22nd November, 2019 the cognizance order/summoning order dated 4th September, 2020 passed by the Additional Chief Judicial Magistrate, Court No.5, Meerut as well as entire proceedings of the Criminal Case No. 6436 of 2020 (State Vs. Emmanuel Masih & Others) arising out of Case Crime No. 61 of 2019, under Sections 498-A, 323, 504, 506 I.P.C. as also under Sections 3/4 D.P. Act, Police Station-Civil Lines, District-Meerut pending in the court of aforesaid Magistrate.
Today, learned counsel for the applicants has confined his relief to set aside the ognizance/summoning order dated 04.09.2020. Learned counsel for the applicants submits that the cognizance/summoning order dated 04.09.2020 has been passed by the learned Additional Chief Judicial Magistrate, Court No. 15, Meerut without applying his judicial mind on a printed format and the same is vague, ambiguous and nullity. He next submits that the perusal of the cognizance/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 recorded therein. He therefore, submits that cognizance/summoning order be set aside.
Learned A.G.A. does not dispute the correctness of the submissions made by the learned counsel for the applicants and he has no objection if the cognizance/summoning order is set aside.
I have considered the submissions made by the learned counsel for the parties and have gone through the records of the present application. It is an admitted position that the cognizance/summoning order dated 04.09.2020 has been passed without application of mind on a printed format. Such summoning orders passed on a printed proforma has already been set aside by this Court while passing a detailed order dated 11th November, 2020 in Application U/S. 482 No. 41617 of 2019 (Vishnu Kumar Gupta & Another Vs. State of U.P. & Another).
Accordingly, for the reasons recorded in the case of Vishnu Kumar Gupta (Supra), cognizance/summoning order dated 04.09.2020 is set aside. The Additional Chief Judicial Magistrate, Court No. 15, Meerut after perusing the entire records shall pass a fresh speaking and reasoned order, in accordance with law, preferably within two months from the date of production of a certified copy of this order.
With the aforesaid directions/observations, this application stands allowed.
Office is directed to send a copy of this order to the learned Additional Chief Judicial Magistrate, Court No. 15, Meerut within a week.
(Manju Rani Chauhan, J.) Order Date :- 22.2.2021 Sushil/-