HAZI SHAFI Vs. STATE OF U P

JUDGEMENT

(1.) BHAGWANDIN, J. Heard Sri Dhar-mendra Singhal, learned counsel appear ing for the applicants and the learned A. G. A.

(2.) A case was registered at the police station Bilaspur, District, Rampur under Sections 147,148, 149 and 302, IPC vide crime No. 178 of 1998 against the present applicants and another. Initially the case was investigated by the local Police but later on the investigation of the case was transferred to the CBCID, U. P. Sector, Barely. After completing the usual inves tigation, the CBCID submitted a charge-sheet against the applicants and another. The learned Magistrate, on receipt of the charge-sheet, passed an order on me order sheet that he perused the police case diary and the case diary furnished by the CBCID. The cognizance of the case is taken, Register. The papers be sent to the police Co tying Section. Summon the accused Nos. 1 to 6 for 30- 9-1998.

(3.) ON the application of the above rule of law laid down by this Court, I find that the orders dated 17-9- 1998 and 7-11-1998, are not made alter application of the mind, but are mechanical one. They there fore, deserve to be quashed.