IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 202 of 2005 (M/S) Bhuwan Pokharia …………Applicant Versus State of Uttaranchal & others ……….Opposite Party. Ms. Pushapa Joshi, Advocate for the applicant. Mr. G.S. Sandhu, learned Government Advocate for the State. Dated: November 27, 2009 Hon’ble Alok Singh, J. (By the Court) Heard Mrs. Pushapa Josh, Advocate for the applicant. Urgency application is allowed. The matter is taken up today for hearing with the consent of the learned counsels of the both the parties. Learned counsel for the petitioner argued that order of taking cognizance dated 04.02.2005 does not show any satisfaction of the Magistrate and does not show under which section Magistrate has taken cognizance against the petitioner. I have perused the order which reads as under :- “4&2&2005 vkt vkjksi i= U;k;ky; esa is’k gqvkA ntZ jftLVj gksA udysa rS;kj dh tk;s A vfHk;qDr dks leu fnukad 20-04-2005 gsrq okLrs mifLFkfr tkjh gksA ” From the perusal of the order, it is not clear that under what sections Magistrate has taken cognizance against the accused person, although on the top of the order in routine way, sections are mentioned. In view of this, order dated 04.02.2005 is set aside. Learned Judicial Magistrate is directed to pass a fresh order on the chargesheet submitted by the Police, in accordance with law. Petition is disposed of accordingly. (Alok Singh, J.) 27.11.2009 JKJ