RAJENDRA KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") has been filed for quashing the entire proceedings in Criminal Case No.293 of 2015, State vs. Rajendra Kumar pending in the Court of learned Judicial Magistrate III Dehradun (for short "the Case") as well as for quashing the summoning order dtd. 15/1/2015 passed in the case.

(2.) Learned counsel for the petitioner has raised only a legal issue. According to the learned counsel in this matter the summoning order has not been passed in accordance with law. It is on a printed proforma in which blanks have been filled in and this is not compliance of the legal provisions. It is argued that summoning an accused is a judicial act, which may be passed only after due application of mind, having considered all the relevant facts but it is urged that it has not happened in the case. Therefore, it is argued that the summoning order deserves to be set aside and petition allowed with the direction to the court below to consider the matter afresh. In support of his contention learned counsel for the petitioner placed reliance in the cases of Pawan Kumar Sharma vs. State of Uttaranchal (Special Leave to Appeal (Crl) No(s)4701 of 2007) Saurabh Dewana vs. State of U.P. (Application under Sec. 482-No.8618 of 2010, High Court of Judicature at Allahabad), Ankit vs. State of U.P. and Another (Application under Sec. 482-No.19647 of 2009, High Court of Judicature at Allahabad).

(3.) In the case of Pawan Kumar (Supra) Hon'ble Supreme Court observed about the practice being adopted in the State of Uttarakhand that in the State, the Magistrates take cognizance of offences and issue summons in terms of Sec. 202 of the Code on rubber stamped orders. In this case reference has also been made to the judgment in the case of State of Karnataka and another vs. Pastor P. Raju 2006(6) SCC 728, in this case it was held as under:-