BANSIDHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard respective Counsel.

(2.) The applicant takes an exception to the order passed by the learned Judicial Magistrate First Class, Kallam, in Regular Criminal Case No.70 of 2003 on 25th April, 2003, ordering issuance of process against him for offences punishable under sections 418 and 420 of the Indian Penal Code. The said order is further confirmed by 2nd Ad hoc Additional Sessions Judge, Osmanabad vide order dated 24th Aug., 2005, passed in Criminal Revision Application No.57 of 2003. Thus, the present application.

(3.) Perusal of the order passed by the learned Magistrate ordering issuance of process against the applicant-accused depicts that he has neither applied his mind to the contents of the complaint, verification, and documentary evidence as is brought on record while dealing with the complaint. The order sans reasons and satisfaction about the ingredients of the offence under sections 418 and 420 of the Indian Penal Code. The reasons are the live link, which speaks the mind of a Judge who passes an order either way.