order cannot be upheld."
On the other hand, learned AGA has submitted that the impugned order dated 28.05.2015 is not a rubber stamped order ... detailed order and speaking order for taking cognizance under section 190(1) (a) of the Code.
As far as use of rubber stamped orders
learned Judicial
Magistrate First Class, Vashi, Navi Mumbai, had signed the
rubber stamp order granting "C" Summary in the matter, as
prayed ... noticing him and recording any reasons but by just signing
the rubber stamp order, the petitioner herein/ First Informant
approached the revisional court by filing
below has not applied its
mind while taking cognizance and a rubber stamp order has been
passed and that ground by itself is enough ... cognizance
taken by the Court below by means of a Rubber Stamped order is
patently illegal and this Court has to necessarily interfere with
accepting the
Change Report has adopted a unique method of a rubber stamping
order directing that reported change be recorded and Schedule I be
amended ... Change Report. The order
dated 26th August, 1991 is literally a rubber stamp order, which
seriously undermines the importance of an inquiry under Section
file. For further proceedings adjourned to 24.02.2022”,
which is nothing but rubber stamped order. The Apex Court in the case of
Pawan Kumar Sharma ... stated in the order itself, otherwise, it would amount to a rubber stamped
order and the Apex Court has deprecated the practice of taking cognizance
some reasons for taking cognizance and
that they cannot pass a rubber stamp order.
12. At this juncture it is necessary to refer the judgment ... terms of Section
202 of the Code of Criminal Procedure on “rubber stamped”
orders.
A distinction exists between an order taking cognizance
and an order
signature in the gap provided for making of
signature. This rubber stamp order was of the following nature :
"Accused produced/not produced before ... directed to be produced on 10.11.2017 by making
a rubber stamp order. No extension of MCR was specifically granted.
9. Such orders prompted the petitioner
order passed by the learned Court below, issuing process
and taking cognizance if examined, it appears that the said order
is a rubber stamp order ... part of the learned Court
below and therefore, such a rubber stamp order cannot be
considered as the order passed after application of mind
Section 202 of
the Code of Criminal Procedure on "rubber stamped" orders.
A distinction exists between an order taking
cognizance and an order ... cognizance
taken by the Court below by means of a Rubber Stamped
order is patently illegal and this Court has to necessarily
interfere with
mind
to proceed with the complaint by taking cognizance nor in the order
sheet produced. It is mandatory that the word taking cognizance
necessarily requires ... original
complaint filed in the Court which bears the rubber stamp order to the effect
that the complaint was presented on 19.4.2000, cognizance was taken
