AFROZ MOHAMMED HASANFATTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the instant Revision Application, the challenge of the petitioner is to the order dated 15.11.14 of the Chief Judicial Magistrate at Surat, passed for taking cognizance of the offence alleged under Sections 420, 465, 467, 468, 471, 477-A, 120-B of Indian Penal Code 1860, and issuing process against the petitioner in Case No. 62851 of 2014. The short impugned Order reads as follows-

(2.) It is the case of the Petitioner that the impugned order qua the petitioner is not only cryptic, but also totally mechanical, taking cognizance and issuing process without any application of mind and without there being any such material against the petitioner, which can be considered as sufficient to subject him to face the rigors of trial. As per the petitioner, it is limited but necessary pre-requisite for taking cognizance and issuing process, to arrive at prima facie satisfaction regarding existence of such evidence on record which may be sufficient to proceed against the Petitioner for the alleged offences. According to the petitioner, there is no such evidence in the entire charge sheet filed by the Respondent and in absence thereof the impugned Order is liable to set aside, or else it would cause substantial injustice and would be abuse of process of law on the vice of Article 14 and 21 of the Constitution of India.

(3.) Learned Counsel for the Respondent raised preliminary objection on the maintainability of the Revision Application and also argued on merits of the application. A Counter Affidavit was also filed.