VIRENDRA KUMAR SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned A.G.A. as well as perused the documents available on record. This petition under Section 482 of Code of Criminal Procedure (hereinafter referred to as Code) has been filed by the petitioner with the following prayers:-

(2.) THE relevant facts giving rise to the present petition in brief are that Divisional Forest Officer, North, Lakhimpur Kheri, Van Prabhag, Department of Forest, District Lakhimpr Kheri filed a complaint against the accused-petitioner and others under Sections 9, 49-B, 51 of Wild Life Protection Act and Section 26 of the Indian Forest Act before the learned Chief Judicial Magistrate (hereinafter referred to as Magistrate). The learned Magistrate after taking cognizance of the offence on the complaint of complainant has summoned the accused by the impugned order dated 05.03.2010 which gave rise to the present petition. The submission of learned counsel for the petitioner is that the learned Magistrate without applying his mind has summoned the accused in a mechanical way. Learned counsel for the petitioner submits that the learned Magistrate did not mention the offences for which he has taken cognizance and summoned the accused. The impugned order of taking cognizance is illegal and liable to be quashed.

(3.) THE petition is, therefore, allowed. The impugned summoning order dated 05.03.2010 passed by the learned Chief Judicial Magistrate, Kheri is hereby quashed. The matter is remanded back to the learned Chief Judicial Magistrate, Kheri to pass a fresh order in light of the observation made herein above.