AI Structured Summary
Not yet generated for this judgment
Judgment
Sanjay Kumar Dwivedi, J
This petition has been filed for quashing and setting aside the order dated 26.10.2016 as well as the entire criminal proceeding and order dated 07.01.2021 which is the order taking cognizance passed by learned Chief Judicial Magistrate, Garhwa in C.No.1396 of 2016, under sections 27(A)(ii), 27(d), 28 and 28(A) of the Drugs and Cosmetics Act. The learned counsel for the petitioner submits that in the order dated 07.01.2021 the learned successor court directed to issue summons. He submits that in that order it has been recorded that order dated 26.10.2016 was not signed by the P.O. and the cognizance was not there and looking into that order, he has mechanically issued the same by order dated 07.01.2021.
Mr. Agarwal, the learned State counsel submits that the learned counsel has applied his mind and it has disclosed that the earlier order was not signed.
The Court has perused the order dated 07.01.2021. It is mentioned in the said order that the order dated 26.10.2016 was not signed by the then P.O. and the cognizance was not there and considering this, the summons has been issued by order dated 07.01.2021.
It is well settled that even if the order was dictated in the Court but it has not been signed and until the judgment is signed and sealed after which has been delivered in the court it is not a judgment. Since the order dated 26.10.2016 was not signed that was not the order of the court. The learned court inspite of that considering that order is issued the same order. Thus the learned court has not applied his mind in taking cognizance.
Accordingly, order dated 07.01.2021 by which cognizance has been taken is set aside.
The matter is remitted back to the concerned court to pass the fresh order in accordance with law.
Cr.M.P. No. 2925 of 2021 is disposed of.