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Anand Prakash Malviya vs State of U.P. and Others

Allahabad High Court · Decided on 22 December 1994 · Citation: (1995) 2 DMC 478

HON’BLE JUDGES
Virendra Saran, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Dowry Prohibition Act, 1961 — Section 3, 4 · Penal Code, 1860 (IPC) — Section 498A
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No. 687 of 1994
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Judgment

3 paragraphs · 217 words

Virendra Saran, J.—Heard learned Counsel for the applicant and the learned State Counsel.

2.

Anand Prakash Malviya has filed this application for the quashing of the summoning order dated 21.11.1994 passed by the Chief Judicial Magistrate, Lucknow, summoning applicant u/s 498-A, I.P.C. and Section 3/4 Dowry Prohibition Act. The record of the case was summoned. The record shows that the entire language of the order comprises of a rubber stamp. The use of rubber stamps for passing judicial orders is not proper. I will not go to the extent of holding that the summoning order has been passed without application of mind. But at the same time, if orders are passed using a rubber stamp, it may create an impression that mind has not been applied.

3.

Accordingly, this application is allowed. The order dated 21.11.1994 passed by the Chief Judicial Magistrate, Lucknow summoning the applicant is quashed, The learned Chief Judicial Magistrate shall look into the entire facts and circumstances of the case and pass proper order and it shall be open to him to summon the applicant again. However, learned Magistrate shall pass order as early as possible. Record of this case shall be returned to the Court of learned Chief Judicial Magistrare, Lucknow along with a copy of this order as early as possible.