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2022 (5) TMI 1605 - HC - Indian LawsValidity of summon order - summoning order has been passed on a printed proforma without application of judicious mind - principles of natural justice - HELD THAT:- On going through the record, the statutory provisions and as per the law settled, the position which emerges out is that a Court can take cognizance of an offence only when condition requisite for initiation of proceedings before it as set out in Chapter XIV of the Code are fulfilled. In the case of BHUSHAN KUMAR & ANR. VERSUS STATE (NCT OF DELHI) & ANR. [2012 (4) TMI 746 - SUPREME COURT], the Hon'ble Apex Court was pleased to observe that section 204 of the Code does not mandate the Magistrate to explicitly state the reasons for issuance of summons. It clearly states that if in the opinion of a Magistrate taking cognizance of an offence, there is sufficient ground for proceeding, then the summons may be issued. This section mandates the Magistrate to form an opinion as to whether there exists a sufficient ground for summons to be issued but it is nowhere mentioned in the section that the explicit narration of the same is mandatory, meaning thereby that it is not a pre-requisite for deciding the validity of the summons issued. It is clear that the order dated 01.12.2020 passed by learned Chief Judicial Magistrate, Shamli is without application of judicious mind on a printed proforma in mechanical manner and the cognizance and summoning order dated 01.12.2020 cannot be legally sustained as the Magistrate failed to exercise the jurisdiction vested in him. The matter is remitted back to learned Chief Judicial Magistrate, Shamli with a direction to decide afresh - the application/petition is partly allowed.
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