ANAND PRAKASH MALVIYA Vs. STATE U P

JUDGEMENT

(1.) THIS is a petition under section 482 of the Code of Criminal Procedure against the order dated 3-4-1995 passed by the Chief Judicial Magistrate. Lucknow in Cr1. Case No. 5965 of 1994 summoning the petitioners to face trial under section 498-A. I.P.C. read with sections 3/4 of Dowry Prohibition Act.

(2.) HEARD learned Counsel for the petitioners as well as the learned Government Advocate. The grievance of the petitioners is that the summoning order suffers from the vide of inherent inF.I.R.mities being a non-speaking and passed without application of mind. Earlier as well when the same very learned Chief Judicial Magistrate passed the summoning order on 21-4-1994 it was challenged in Cr1. Misc. Case No. 6371 of 1994 under section 482. Cr. P.C. and this Court vide order dated 22-12-1994 quashed the order since the summoning order was passed on a stamp impression of the case number, etc. and the learned Chief Judicial Magistrate was directed to look into the entire facts and circumstances of the case, and pass appropriate orders. However, again the same very Chief Judicial Magistrate has passed a non-speaking order a perusal of the, same would show that it does not refer to the allegations of the prosecution at all neither the evidence in support of the same to reach the conclusion that the prima facie case is made out against the petitioners. The summoning order is a judicial order and has to be speaking one, which can stand scrutiny of judicial review. Since the order is most cryptic one, the same is quashed. The Chief Judicial Magistrate concerned is again directed to apply his mind to the facts of the case appreciate the evidence and pass appropriate order again. Copy of this order be sent immediately to the Chief Judicial Magistrate. Lucknow and copy of the same be also given to the petitioners on payment of usual charges by 13-5-1996. Petition allowed.