Summoning of an Accused on Printed Proforma Without Assigning Any Reason Is an Abuse of Process of Law: Allahabad High Court Quashes Cognizance and Summoning Order

In a significant ruling, the Allahabad High Court has quashed the cognizance and summoning order concerning FIR No. 321/2014 under various IPC sections, including Sections 406, 323, 504, 506, 34. The order was challenged for being issued on a printed proforma without proper judicial reasoning, highlighting a crucial issue of judicial application in criminal procedures.

Facts and Issues of the Case: The applicant, Mohd. Suhail, through his counsel, contended that the order dated 11.05.2015 lacked application of judicial mind as the Magistrate had failed to mention under which sections the chargesheet had been filed and only took cognizance against a co-accused, completely omitting the applicant’s involvement at this stage. This led to harassment by the police despite the applicant not being summoned to court, thereby constituting an abuse of legal process.

Non-application of Judicial Mind: The court noted that the Magistrate’s order was passed using a printed proforma, filled in cursorily without adequate consideration of the charges against the applicant. This method was deemed contrary to the requirement of judicious scrutiny expected in judicial processes.

Legal Precedents and Principles: The judgment drew heavily on precedents which underscored the necessity of a reasoned approach in the summoning process. Cases such as Bhushan Kumar & Anr. V. State (NCT of Delhi) and others were cited where the courts held that summoning an accused is a serious judicial function that requires clear grounds based on the material presented.

Violation of Right to Fair Investigation and Trial: The decision highlighted that a fair and proper investigation is a part of the constitutional right to a speedy trial under Article 21 of the Indian Constitution, which includes all judicial processes. The court emphasized the importance of a magistrate’s duty to meticulously review the allegations and evidence before taking cognizance.

Decision: The Court allowed the application under Section 482 of Cr.P.C., quashing the cognizance and summoning order dated 11.05.2015. It was directed that the matter be reconsidered afresh, ensuring that judicial norms and proper reasoning are applied in accordance with law and the observations of the court.

Date of Decision: 2^nd April 2024

MOHD. SUHAIL Vs. STATE OF U.P. THRU. PRIN. SECY. HOME, CIVIL SECTT. LKO. AND ANOTHER