JUDGMENT : Sureshwar Thakur, J. The petitioner herein stands arrayed as accused No.5 in the apposite complaint instituted by the complainant before the Judicial Magistrate 1st Class (II), Kangra. The apposite complaint makes incriminatory ascriptions qua the petitioner herein/accused qua his levelling false allegations against the complainant before the authorities concerned, whereupon his reputation besides, image amongst his friends and relatives stood tarnished. Allegations with specificity stand constituted therein vis-a-vis the petitioner herein/accused qua his on 13.9.2011 holding a press meeting whereat accused No.1 leveled false allegations qua the incompetence of the complainant to contest elections to the post of Pradhan, Gram Panchayat, Sadarpur. The minutes of the press conference aforesaid which stood allegedly attended by the petitioner herein along with other coaccused stood published in a newspaper. The reporting of the minutes of the press conference aforesaid in a newspaper while holding a narrative qua the ineligibility of the complainant to contest elections to the post of Pradhan, Gram Panchayat, Sadarpur, stands espoused by the complainant to be a libelous publication whereupon he proceeded to institute a complaint against the accused/petitioner herein along with other co-accused. The Magistrate concerned on standing seized of complaint comprised in Ex. Annexure P-2 proceeded to record preliminary evidence, whereupon he drew prima facie satisfaction qua the offences constituted therein vis-a-vis the petitioner herein holding a vestige of truth. However, the satisfaction as stands drawn by the Magistrate concerned stands drawn in a post haste besides in a summary manner grossly bereft of his making an incisive and thorough application of mind qua the apposite material as stood adduced before him whereto he omitted to apply the relevant legal test for culling therefrom qua the complainant hence prima facie substantiating the allegations vis-a-vis the accused/petitioner herein as stands constituted in the apposite complaint. Even though a vague allegation stands constituted in paragraph No.4 of the complaint qua the accused/petitioner herein leveling false allegations against the complainant before the authority concerned yet for sustaining the aforesaid factum, it was incumbent upon the complainant to before the Magistrate concerned adduce evidence for succoring it, evidence whereof stood comprised in the examination by him of the authorities concerned wherebefore the accused/petitioner herein made false allegations vis-a-vis the complainant. However, the said evidence is amiss. However, the said evidence is amiss. Consequently, the Magistrate concerned had faulted in concluding of prima facie the complainant establishing the factum aforesaid also his proceeding to issue summons upon the petitioner/accused stands ridden with a vice of non application of mind, to the prime factum of absence of relevant evidence whereupon he rather stood constrained to not issue summons upon the petitioner/accused. In aftermath with a gross stain of non application of mind staining the impugned order, it warrants its standing discountenanced by this Court. 2. Be that as it may, a specific ascription stands imputed to the petitioner herein in the apposite complaint qua his on 13.9.2011 convening a press conference whereat imputations occurred lowering the prestige of the complainant in society. Minutes of the press conference stood reported in a newspaper hence with occurrence of reporting of the minutes of the press conference aforesaid constituting publication of purported libelous material vis-avis the complainant, the latter instituted a complaint before the Magistrate concerned. Even with occurrence of reporting aforesaid of the purported libelous material vis-a-vis the complainant, it was yet incumbent upon the learned Magistrate concerned to before his ordering for issuance of summons upon the petitioner herein/accused to insist upon cogent material standing adduced therebefore by the complainant wherefrom he could draw satisfaction qua the accused/petitioner herein remaining present throughout the course of the press conference whereat purported allegations occurred lowering the image of the complainant in society. However, a thorough scanning of the material which existed therebefore unfolds of none of the witnesses in their respective preliminary evidence which stood recorded before the Magistrate concerned testifying qua theirs noticing the presence of the petitioner herein/accused at the press conference aforesaid. Since the factum aforesaid was enjoined to be prima facie substantiated by the complainant by his adducing the relevant evidence before the Magistrate concerned, his omitting to do so can never foster this Court to conclude of the drawing of prima facie satisfaction by him qua the accused/petitioner herein attending the relevant press conference also his hence holding a collusion with other co-accused in getting its minutes reported in a news paper, holding any virtue of legal sustainability. 3. 3. The summom bonum of the aforesaid discussion is that the order impugned as stands rendered by the learned Magistrate concerned standing ingrained with a vice of thorough non application of mind and also it stand rendered in a post haste mechanical manner bereft of his applying the apposite legal principle to the material on record also his without existence therebefore of the relevant germane evidence proceeding to order for the issuance of summons upon the accused. Consequently, the instant petition is allowed and order impugned before this Court is quashed and set aside only qua the respondent/petitioner herein. All pending applications stand disposed of.