2007 ALL MR (Cri) JOURNAL 123
(ALLAHABAD HIGH COURT)

ALOK K. SINGH, J.

Raj Kumar Lal Srivastava Vs. State Of U.P. & Anr.

Criminal Misc.Case No.2284 of 2006

26th September, 2006

Petitioner Counsel: M. K. MISHRA
Respondent Counsel: G. A., S. K. DIXIT , V. S. SRIVASTAVA

Criminal P.C. (1973), Ss.482, 204 - Order taking cognizance and summoning accused - Magistrate simply signed below reproduction of a rubber stamp - Use of rubber stamp for passing judicial order is not proper - It evinces total non-application of mind while passing the order - Order quashed. (Paras 4, 5, 6)

JUDGMENT

-Appearance has been put in on behalf of the State. Notice to opposite party No.2 is dispensed with.

2. Heard Sri. Manoj Kumar Mishra on behalf of the petitioner and Sri. S. K. Dixit A.G.A. and Sri. V. S. Srivastava A.G.P. on behalf of the State; and perused the record.

3. This application under Section 482, Cr.P.C. has been moved to quash the order dated 1-8-2006 passed by the learned Chief Judicial Magistrate, Gonda taking cognizance and summoning the accused in Case No.2879 of 2006, State Vs. Radhey Shyam Ojha and others, arising out of Crime No.11/2006, under Sections 419, 420, 467, 471, I.P.C., Police Station Kotwali Nagar, District Gonda, along with entire proceedings of the case.

4. Learned counsel for the petitioner confines his argument within a very narrow compass and draws attention of this Court to the fact that the learned Magistrate has simply signed the summoning order which in fact is the reproduction of a rubber stamp. In other words the entire language of the order consists of a rubber stamp. He also puts forth that even the perforated line for writing a particular date has left blank which shows that there was total non-application of mind while passing the summoning order at the time of taking cognizance on the charge-sheet. Since the learned counsel for the petitioner has confined his arguments only on the aforesaid point I am not adverting to other points mentioned in the application under Section 482, Cr.P.C.

5. The argument advanced on behalf of the petitioner has substance. The use of rubber stamp for passing the judicial order is not proper and it evinces non-application of mind while passing the summoning order. This is further substantiated by the fact that even the date has not been mentioned to fill in the blank which has been left in the rubber stamp for mentioning the date for appearance.

6. In the conspectus of the aforesaid facts and circumstances it appears to be a fit case to invoke the inherent powers of this Court to ensure substantial justice. The application deserves to be and is accordingly allowed. The impugned order dated 1-8-2006 passed by the Chief Judicial Magistrate, Gonda in Case No.2879 of 2006 (State Vs. Radhey Shyam Ojha and others), Crime No.111/06 under Sections 419, 420, 467, 468, 471, I.P.C. Police Station Kotwali Nagar, district Gonda, is set aside and the matter is remitted back to the learned Magistrate to pass appropriate orders afresh in accordance with law and established procedure.

Application allowed.