ANKIT Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this application under Section 482 of the Code of Criminal Procedure (in short 'the Cr. P.C.'), the applicant has invoked inherent jurisdiction of this Court to quash the charge-sheet No. 158 of 2008, under Section 3/7 of E. C. Act, dated 14.11.2008 of Case Crime No. 202 of 2008 of P. S. Gangal Hedi, district Saharanpur and to set aside the order dated 9.2.2009, passed by Sri Talevar Singh, the then Judicial Magistrate-III, Court No. 20, Saharanpur in Criminal Case No. 252 of 2009, State v. Ankit.

(2.) BY the impugned order cognizance has been taken by the learned Magistrate against the applicant on the aforesaid charge-sheet and the applicant has been summoned to face the trial under Section 3/7 of E. C. Act.

(3.) THE first and foremost submission made by learned counsel for the applicant was that the impugned order of taking cognizance against the applicant is wholly illegal and invalid, because the said order has been passed on the printed proforma by filling up the blanks and hence this order is liable to be quashed on this ground alone, as the learned Magistrate while taking cognizance on the charge-sheet did not at all apply his mind to the facts of the case and material available in the case diary and on filling up the gaps by Court employee on the printed proforma, the learned Magistrate has initialed the impugned order, which cannot be said to be valid order in the eye of law, because judicial order cannot be passed in the manner in which the impugned order has been prepared and passed by the learned Magistrate in present case. For this submission, my attention was drawn towards certified copy of the impugned order (paper No. 31).