Indian Penal Code 1860, and issuing process against
the petitioner in Case No. 62851 of 2014. The short impugned
Order reads as follows-
"Exhibit ... only cryptic, but also totally mechanical,
taking cognizance and issuing process without any application
of mind and without there being any such material against
enquiry or order
investigation
r under section 202 before issuing
process.
24. In Udai Shankar Awasthi vs State of
Uttar Pradesh and another ... should take all
the relevant facts and circumstances into
consideration before issuing process lest it would be
an instrument in the hands of a private
case, if so recommended, or conversely,
take cognizance and issue process. Further, as is germane to the issue
at hand, the Magistrate is not bound ... offences mentioned in the police report while taking cognizance
and issuing process if, in his view, the request for prosecution on such
score is unfounded
satisfied that there is sufficient ground for proceeding, he can straightaway issue process. The three options available to the Magistrate at this stage ... under:
(i) to issue process of complaint, if he is satisfied that there is sufficient ground for proceeding against the accused under Section
enquiry or order
investigation
r under section 202 before issuing
process.
24. In Udai Shankar Awasthi vs State of
Uttar Pradesh and another ... should take all
the relevant facts and circumstances into
consideration before issuing process lest it would be
an instrument in the hands of a private
holding inquiry under Sec.202 of the Cr.P.C.
before issuing process to the accused residing outside the jurisdiction of
the magistrate ... requirement of holding inquiry under S.202 of the Code
before issuing process to the accused residing out side the jurisdiction of
the Magistrate
enquiry or order
investigation
r under section 202 before issuing
process.
24. In Udai Shankar Awasthi vs State of
Uttar Pradesh and another ... should take all
the relevant facts and circumstances into
consideration before issuing process lest it would be
an instrument in the hands of a private
enquiry or order
investigation
r under section 202 before issuing
process.
24. In Udai Shankar Awasthi vs State of
Uttar Pradesh and another ... should take all
the relevant facts and circumstances into
consideration before issuing process lest it would be
an instrument in the hands of a private
whereby learned Court of Magistrate had ordered to issue process
against the petitioners for the offence punishable under Sections ... recorded in connection with the alleged
crime and passed order to issue process, though the material clearly
establish that no offence at all is made
whereby learned Court of Magistrate had ordered to issue process
against the petitioners for the offence punishable under Sections ... recorded in connection with the alleged
crime and passed order to issue process, though the material clearly
establish that no offence at all is made
