Brijendra Kumar Mishra vs State Of U.P. And Another on 7 April, 2026
"10. .....The manner in which the impugned order has been prepared shows that the learned magistrate did not at all apply his judicial mind at the time of passing this order and after the blanks were filled up by some employee of the court, he has put his initial on the seal of the court. This method of passing judicial order is wholly illegal. If for the sake of argument it is assumed that the blanks on the printed proforma were filled up in the handwriting of the learned magistrate, even then the impugned order would be illegal and invalid, because an order of taking cognizance or any other judicial order cannot be passed by filling up blanks on a printed proforma. Although, as held by this Court in the case of Megh Nath Gupta & another vs. State of U.P. and another 2008 (62) ACC 826, in which reference has been made to the cases of Deputy Chief Controller Import and Export vs. Roshan Lal Agrawal 2003 (46) ACC 686 (SC), U.P. Pollution Control Board vs. Mohan Meakins AIR 2000 SC 1456 and Kanti Bhadra vs. State of West Bengal 2000 (40) ACC 441 (SC), the magistrate is not required to pass a detailed reasoned order at the time of taking cognizance on the charge-sheet, but it does not mean that such an order can be passed by filling up blanks on a printed proforma. At the time of passing any judicial order, including an order taking cognizance on the charge-sheet, the court is required to apply its judicial mind and even such an order cannot be passed in a mechanical manner. Therefore, the impugned order is liable to be quashed and the matter has to be sent back to the court below for passing a fresh order on the charge-sheet after applying judicial mind.