Court No. - 28 Case :- U/S 482/378/407 No. - 173 of 2010 Petitioner :- Dharmendra Kumar & 8 Ors. Respondent :- State Of U.P. & Another Petitioner Counsel :- S.K. Upadhyay Respondent Counsel :- Govt. Advocate Hon'ble Alok K. Singh,J.
Heard learned counsel for the petitioners, learned A.G.A. and perused the
material placed on record.
Perusal of the impugned order shows that the learned Magistrate has simply
signed the summoning order which infact is the reproduction of a rubber
stamp. It is also submitted that there was total non application of mind while
passing the summoning order at the time of taking cognizance on the charge
sheet. Learned counsel for the petitioners also submits that his case is squarely
covered with the case of Raj Kumar Lal Srivastava Vs. State of U.P. &
another, reported in 2007 (1) ALJ 755.
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.
The argument advanced on behalf of the petitioners 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.
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 order dated.
29.11.2008, passed by Addl. Chief Judicial Magistrate, II, Court No. 18,
Sultanpur, 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.
Order Date :- 19.1.2010
ML/-