ABDUL RASHEED Vs. STATE OF UP

JUDGEMENT

(1.) HON'ble Shri Kant Tripathi, J.Supplementary affidavit filed on behalf of the applicants is taken on record.

(2.) THE learned counsel for the respondent No. 2 denied to file any affidavit in rebuttal.

(3.) THE learned counsel for the applicants submitted that the learned Chief Judicial Magistrate has not applied his mind to the facts of the case before taking cognizance of the offences. He has acted mechanically while passing the summoning order dated 10.1.2006 which has been signed by the Chief Judicial Magistrate on a proforma already prepared. A similar printed seal has been affixed on the charge-sheet. THErefore, it was not a case of application of mind.