In light of the above, the Court examined the challenged order and observed that the Magistrate had issued the order using a printed proforma, where he placed his abbreviated signature above the court’s seal.
The Court further noted that the magistrate filled in only specific details such as the case number, name of the accused, relevant sections of the Indian Penal Code, name of the police station, date of the order issuance and the next scheduled date.
“It is abundantly clear that in the present case, impugned cognizance and summoning order has been passed without any application of mind as the same does not reflect any consideration by the learned Magistrate, qua the material on record to be sufficient to proceed against the accused-applicant, before taking cognizance of the offence under Sections 434 and 506 of the Indian Penal Code. Therefore, the impugned cognizance and summoning order is unsustainable in law and is liable to be quashed on this score alone,” the High Court said.
Source: Barandbench
