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Judgment
Date : 06-08-2026 Heard Mr. Bimlesh Kumar Pandey, learned counsel for the petitioners and learned A.P.P. for the State.
This application has been preferred by the petitioners for quashing of the order dated 13.06.2018 passed by learned C.J.M., Bettiah, West Champaran in connection with Gopalpur P.S. Case No. 132 of 2016, whereby and whereunder learned C.J.M. has been pleased to take cognizance for the offences under sections 147, 149, 436, 307, 427/34 of the I.P.C. against the petitioners.
The brief facts of the case is that on 21.12.2016 at 10:45 P.M., the accused persons set ablaze the residential house of the informant, due to which cloths, bed, utensils and crops were burnt to ashes as also dismantled the pucca house of the informant. It is alleged that the informant anyhow managed to save his life. The villagers were also witnessed the occurrence.
Without arguing on other available merits, learned counsel, Mr. Bimlesh Kumar Pandey, appearing on behalf of petitioners straightaway submitted that impugned order dated 13.06.2018 is on the printed proforma, without application of judicial mind and, therefore, same is not sustainable in the eyes of law.
Despite service of notice, O.P. No. 2 did not appear to join the present pending proceeding.
For better understanding of the fact, it would be apposite to reproduce the cognizance order dated 13.06.2018 here below:-
In the case of Darshan Singh Ram Kishan v. State of Maharashtra , (1971) 2 SCC 654, the Hon'ble Court was pleased to observe that the process of taking cognizance does not involve any formal action, but it occurs as soon as the Magistrate applies his mind to the allegations and, thereafter, takes judicial notice of the offence. As provided by Section 190 of the Code of Criminal Procedure, a Magistrate may take cognizance of an offence either, (a) upon receiving a complaint, or (b) upon a police report, or (c) upon information received from a person other than a police officer or even upon his own information or suspicion that such an offence has been committed. As has often been held, taking cognizance does not involve any formal action or indeed action of any kind but occurs as soon as a Magistrate applies his mind to the suspected commission of an offence. Cognizance, therefore, takes place at a point when a Magistrate first takes judicial notice of an offence. This is the position where the Magistrate takes cognizance of an offence on a complaint, or on a police report, or upon information of a person other than a police officer. Therefore, when a Magistrate takes cognizance of an offence upon a police report, prima facie he does so of the offence or offences disclosed in such report.
It is pointed out that Magistrate is not required to pass detailed reasoned order at the time of taking cognizance on the charge sheet, but it does not mean that order of taking cognizance can be passed by filling up the blanks on printed proforma. At the time of passing any judicial order including the order taking cognizance on the charge sheet, the Court is required to apply judicial mind and even the order of taking cognizance cannot be passed in mechanical manner.
In view of aforesaid submission and by taking note of the fact that judicial orders cannot be allowed to be passed in a mechanical manner either by filling in blank on a printed proforma or by affixing a ready made seal etc. of the order on a plain paper. Such tendency must be deprecated and cannot be allowed to perpetuate. This reflects not only lack of application of mind to the facts of the case but is also against the settled judicial norms. Therefore, this practice must be stopped forthwith.
The cognizance/summoning of an accused in a criminal case is a serious matter and the order must reflect that Magistrate had applied his mind to the facts as well as law applicable thereto, whereas the impugned cognizance order was passed in mechanical manner without application of judicial mind and without satisfying as to which offence were prima-facie being made out against the applicant on the basis of the allegations made by the complainant. The impugned cognizance order passed by the learned Magistrate is against the settled judicial norms.
Accordingly, this Court is prima facie convinced that the cognizance against this petitioners was taken in a very mechanical manner that too in a typed proforma, by way of fill up the blanks, as it is apparent from the impugned order of cognizance, without assigning any reason, therefore, the impugned order dated 13.06.2018 is hereby quashed and set-aside with a direction to learned trial court to pass a fresh order supplying reasons in accordance with law, if the matter is still pending before the learned trial court.
Accordingly, the present petition allowed to aforesaid extent.
Let the copy of the judgment be sent to learned trial court immediately.
As occurrence is of year 2016, learned trial court is directed to proceed expeditiously, in accordance with law.