Sunair Hotels Ltd vs State & Another on 4 June, 2010
21. The argument does appear to be attractive but is devoid of
Crl. Rev. No. 213/13 Sunair Hotels Ltd. Vs. State & anr. Page No. 12 of 18
merit, particularly in the facts and circumstances of the case at
hand. The first order whereby the complaint was put on the pre
summoning inquiry has been noted verbatim earlier. Clearly, it
is a mechanical order with no application of mind. The
Magistrate did not even note that he had gone through the
complaint before requiring the complainant to adduce pre
summoning evidence. So much for application of mind or
formal taking of cognizance in the case at hand.