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1991 DIGILAW 86 (KAR)

D. A. MEHTA v. REGIONAL DIRECTOR

1991-01-31

M.M.MIRDHE

body1991
MIRDHE, J. ( 1 ) CRIMINAL Petition No. 1562 of 1988 is filed by the petitioners praying to quash the proceedings initiated by the Presiding Officer, special Court for Economic Offences, Bangalore, in C. C. No. 300 of 1988. Criminal Petition No. 1563 of 1988 is filed by the petitioners praying to quash the proceedings initiated by the Presiding Officer, special Court for Economic Offences, Bangalore, in C. C. No. 1022 of 1988. ( 2 ) I have heard the learned Counsel for the petitioners and the learned Counsel for the respondent fully and perused the records of the case. ( 3 ) THE respondent filed the complaint against the petitioners alleging that they have committed the offence punishable under section 85 (a) and (g) of the E. S. I. Act, 1948. The learned Presiding officer, Special Court for Economic Offences, ordered for registering of the case and issue of the summons to the petitioners. Hence, these petitions. ( 4 ) I have perused the records of the case. The order of the Presiding Officer is as follows:-"the complainant has filed his complaint against the accused persons noted above for an offence punishable under Section 85 (a) (e) and (g) of the E. S. I. Act, 1948. Register the case and issue summons to the accused by 7-7-1988 (CC. No. 1022/1988)/14-3-1988 (C. C. No. 300 of 1988 ). " this order is passed in a printed proforma wherein only the date of the order is mentioned in column 2 and the date for the return of the summons is mentioned and the learned Presiding Officer has put his initials. Section 204 Cr. P. C. lays down the procedure to be followed for the issue of process. It lays down that the Magistrate shall issue summons or the warrant as the case may be only if in his opinion there is sufficient ground for proceeding. Section 204 Cr. P. C. lays down the procedure to be followed for the issue of process. It lays down that the Magistrate shall issue summons or the warrant as the case may be only if in his opinion there is sufficient ground for proceeding. The Magistrate is required to form an opinion that there is sufficient ground for proceeding in the case and for forming that opinion, the Magistrate will be required to apply his mind to the material placed before him and if an order is passed in a printed proforma simply by filling up the gaps for the dates there, it only shows that the Magistrate has not studied the material placed before him and not applied his mind and not formed any opinion about proceeding further in the matter. Such an order which is passed in a mechanical manner without application of the mind and in a printed proforma does not satisfy the requirements of Section 204 Cr. P. C. and such an order deserves to be set aside. The very fact that printed proforma is used in these cases goes to show that the learned Presiding Officer has passed the orders without taking the trouble of looking into the records and forming an opinion as to whether there is sufficient ground for proceeding. If such orders are challenged, this Hon'ble Court will be justified in quashing such untenable orders. Therefore, it is necessary that the Magistrates who are required to take cognizance of the offence and issue process follow the law as laid down in Section 204 cr. P. C. and apply their mind and form an opinion that there is sufficient ground for proceeding in the matter before passing the order. ( 5 ) HENCE, I make the following order:- (a) The Criminal Petitions are allowed. The order of the learned presiding Officer to issue summons to the petitioners is set aside and the case is remitted back to the Special Court for Economic Offences, bangalore, to proceed further in the case in accordance with Section 204 Cr. P. C. and in the light of the discussions made above. (b) Send records of both the cases to the Court below forthwith. --- *** --- .