Use Of Blank Printed Proforma For Passing Judicial Orders Not Acceptable: Allahabad High Court
|The Allahabad High Court said that the use of blank printed proforma for passing judicial orders is not acceptable as the same is indicative of non-application of judicial mind by the Judge.
The Court said thus in an application preferred under Section 482 of the Criminal Procedure Code (CrPC) seeking quashment of the chargesheet, cognizance/summoning order, and proceeding under Sections 434 and 506 of the Indian Penal Code (IPC).
A Single Bench of Justice Syed Qamar Hasan Rizvi remarked, “Suffice it to note that, time and again the very practice of passing judicial order of taking cognizance by the learned Magistrates, on a printed proforma by simply filling the blanks, has been condemned by the Hon’ble Apex Court as well as by this Court. It would not be out of place to note that although no detailed order is required to be passed at the time of taking cognizance, but the use of blank printed proforma for passing the judicial order by the Magistrate is also not acceptable being indicative of non-application of judicial mind in passing the judicial order. While passing any judicial order including the order taking cognizance on the charge-sheet, the Court is required to apply judicial mind and the order of taking cognizance cannot be passed in mechanical manner.”
Advocate Babu Lal Ram appeared on behalf of the applicants while Additional Government Advocate Moti Lal appeared on behalf of the opposite parties.
Factual Background -
An FIR was lodged by a woman in 2022 against six persons including the applicant for the alleged offence under Sections 434 and 506 of IPC. She stated that she was the owner of the plots in a village. In pursuance of the demarcation made under Section 24 of U.P. Revenue Code, 2006, the proceeding of ‘Patthargadi’ was carried out.Categorical allegation against the aforesaid six persons was that they dismantled the ‘boundary marks’ fixed under the aforesaid demarcation proceeding and illegally removed the same by force.
In addition, the informant/complainant also made allegation of serious threats to her life, from the said persons named in the FIR. The Additional Civil Judge took cognizance of the case and issued a summoning order. Therefore, the matter was before the High Court. The counsel for the applicants contended that the dispute between the parties was purely of civil nature and cognizable by the competent court/authority under the Code.
The High Court in the above context of the case noted, “In the instant case a bare perusal of the certified copy of the impugned order dated 25.07.2022 shows that the learned Additional Civil Judge (Judicial Division) / Judicial Magistrate, Court No.23, Azamgarh has passed the impugned cognizance and summoning order simply on a printed proforma only by putting his short signature (initial) above the seal of the court, by filling only the figures of Case number, Name of accused, certain Sections of the Indian Penal Code, name of the Police Station, Date of issuance of the order and the next date fixed.”
The Court added that the impugned cognizance and summoning order has been passed without any application of mind as the same does not reflect any consideration by the Magistrate, qua the material on record to be sufficient to proceed against the accused-applicant, before taking cognizance of the offence and therefore, the impugned cognizance and summoning order is unsustainable in law and is liable to be quashed on this score alone.
“In the facts and circumstances of the case where the learned Magistrate has initiated the criminal proceeding in the most mechanical manner evidently without application of mind, setting criminal proceedings into motion as a matter of course by issuing the impugned cognizance/summoning order on a printed proforma, such action on the part of the learned Magistrate is dehor of the provisions of Section 190 of the Code of Criminal Procedure, this Court in order to prevent the abuse of the process of Court and to secure the ends of justice finds reasons to entertain the present Application in exercise of its power under Section 482 of the Code of Criminal Procedure”, it further observed.
The Court, therefore, directed the Magistrate to pass a fresh order on the chargesheet filed in the criminal case, strictly in accordance with law within three weeks.
Accordingly, the High Court partly allowed the application and set aside the impugned cognizance and summoning order.
Cause Title- Roshan Lal Alias Roshan Rajbhar and Others v. State of U.P. and Another (Neutral Citation: 2024:AHC:99822)
Appearance:
Applicants: Advocates Babu Lal Ram and Kamlesh Kumar Rajbhar.
Opposite Parties: AGA Moti Lal