2009 (10) TMI 975 - HC - Indian Laws

Summary

Issues involved: Application u/s 482 of Cr.P.C. to quash charge-sheet u/s 3/7 of E.C. Act and set aside order of Judicial Magistrate-III.

Summary:

Issue 1: Validity of Cognizance Order

The applicant filed an application u/s 482 of Cr.P.C. to quash the charge-sheet u/s 3/7 of E.C. Act and set aside the order of the Judicial Magistrate-III. The impugned order of taking cognizance against the applicant was challenged on the grounds of being prepared on a printed proforma by filling up blanks, without the magistrate applying judicial mind to the case details. The Court found the order to be illegal and invalid due to lack of judicial application in its preparation.

Issue 2: Merits of the Case

The applicant's counsel argued that the domestic gas cylinders found at the Dhaba were not being used for commercial purposes as alleged, as no regulator was found, and the cylinders belonged to another individual. It was contended that no offence was made out against the applicant based on these facts.

Issue 3: Judicial Order Preparation

The Court observed that the impugned order was prepared by filling up blanks on a printed proforma, indicating a lack of judicial application. Even if the blanks were filled by the magistrate, the order was deemed illegal as judicial orders, including those taking cognizance, cannot be passed in a mechanical manner. The Court directed the matter to be sent back for a fresh order after proper judicial consideration.

Conclusion:

The application u/s 482 was allowed, and the impugned order was set aside. The magistrate was directed to pass a fresh order on the charge-sheet. Additionally, a circular was to be issued to prohibit the use of printed proformas in passing judicial orders, and the concerned magistrate was to receive a copy of the order for future guidance. Blank printed proformas were to be seized and destroyed by the District Judge Saharanpur.