AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
8 paragraphs · 256 wordsRajnesh Oswal, J
Through the medium of the present petition, the petitioners have impugned the order dated 04.07.2019 passed by the court of JMIC (Sub-Judge), Special Railway Magistrate, Jammu (hereinafter to be referred as “the trial court‟), whereby process has been issued against the petitioners.
The order of issuance of process has been reproduced as under:-
“The complaint was presented by the counsel of the applicant today in the open court. It be entered in the concerned register. Examined the report of the concerned clerk. Preliminary statement of the complaint has been recorded. Be made part of the file. The concerned clerk to call the accused by issuing summons. File be put up next on 2.08.2019. Order Announced. Ordered as above.”
Mere perusal of the order impugned reveals that the learned trial court has not recorded its satisfaction with regard to commission of any offence by the petitioners, for which process has been issued against the petitioners.
Reliance is placed upon the judgment of the Apex Court in case titled, ‘Pepsi Foods Ltd. and another vs. Special Judicial Magistrate and others (1998) 5 SCC 749.’
It is evident that the learned trial court has passed the order of issuance of process against the petitioners in a mechanical manner. In view of this, the order impugned is quashed. Learned trial court shall pass the fresh order in accordance with law, as laid down by the Apex Court in case titled, “Pepsi Foods Ltd. and another vs. Special Judicial Magistrate and others (1998) 5 SCC 749.’
Disposed of.