STATE OF U P Vs. AJAI PAL SINGH

JUDGEMENT

(1.) S. R. Bhargava, J. This is a State revision against an order dated 10-6-1987 passed by Sessions Judge, Agra in Criminal Revision No. 48 of 1987, allowing the revision and quashing the order of the C. J. M. and the proceedings pending before him.

(2.) THE brief facts are that police submitted chargesheet against the respondent and others for offence under Section 3/4 of Gambling Act. On 5-1-87 the learned C. J. M, Agra passed an order "seen Register. " THE story given in the chargesheet was that after obtaining warrant under Section 5 Gambling Act of 5 S. P. Agra, S. S. I. Ram Shankar Singh of P. S. Hari Parvat, Agra raided a house on the night between 22/33- 9-86 and found the respondent and several other persons gambling in a common gaming-house owned by one Rajiv, a co-accused in the case.

(3.) HAVING perused the revision and the order of the Sessions Judge, I am of the view that in this revision the points decided by the Sessions Judge need not be touched. For taking cognizance under Section 190 or issuing an order for summoning the accused under Section 204, Cr. P. C. , there must be application of mind. For both, for taking cognizance and issuing summons to the accused, the Magistrate must be satisfied that there is prima facie case against the accused. A ministerial order cannot be considered to be an order of taking cognizance or summoning the accused. The order "seen, Register" is a ministerial order directing the office to deal with the charge sheet in a particular manner. it is not a direction or order for taking cognizance or summoning the accused. It does not connote application of mind. It does not at all reflect that the Magistrate applied his mind and found a prima facie case against the accused. I am of the opinion that the order of the C. J. M. being only a ministerial order and not being a order under Section 190 or 204, Cr. P, C. was not at all a revisable order under Section 397, Cr. P. C. The revision was not maintainable and should have been dismissed on that ground.