IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Court’s order whether the case is or not approved for reporting (Chapter VIII, Rule 32(2) (b) Description of Case Criminal Misc. Application No. 895/ 2001 (Old No. 3425/1995) Smt. Manorama Sharma & others Vs. Addl. C.J.M. & another Date of decision:- 18.7.05 A.F.R. (Approved for Reporting) Not approved for reporting Initials of Judge Date:- 18.7.2005 Note:- Bench Reader will attach this at the top of the first page of the judgment when it is put up before the Judge for signature. HIGH COURT OF UTARANCHAL AT NAINTIAL Criminal Misc. Application No. 895 of 2001 {Old No.3425 of 1995} 1. Smt. Manorama Sharma W/o Sri Brahmad Swarup R/o Azabpur Kalan Dehradun. 2. Brahma Swarup Sharma S/o Sri Molak Ram R/o Azabpur Kalan P.O. Dalanwala, Dehradun. 3. Pitambar Dutta Sharma S/o Sri Darshan Lal R/o Azabpur Kalan P.S. Dalanwala Dehradun. 4. Alok Sharma @ Lakki Sharma S/o Sri Brahma Swarup R/o Azabpur Kalan Dalanwala, Dehradun 5. Hemchand S/o Sri Antram R/o Azabpur Kalan Deepnagar P.S. Dalanwala, Dehradun 6. Jai Prakash S/o late Darshan Lal R/o Azabpur Kalan P.S. Dalanwala, Dehradun 7. Kedar Singh Bisht S/o Sri Ganga Singh Bisht R/o Mata Mandir Road Azabpur Kalan Dalanwala, Dehradun ……Applicants Versus 1. Addl. CJM- I, Dehradun 2. Sri Umesh Sharma S/o Sri Shivanandan Sharma R/o Azabpur Kalan P.S. Dalanwala, Dehradun …..Respondents Date:- 18th July, 2005 Hon’ble J.C.S. Rawat, J. The petition under section 482 Cr.P.C. was filed for quashing the proceedings in complaint case No. 447/1995 Umesh Sharma Vs. Smt. Manorama & others pending in the court of Addl. Chief Judicial Magistrate- I, Dehradun. Heard Sri Dharam Veer learned senior Advocate & Sri Arvind Vashisht learned counsel for the applicants and Sri Sudhir Kumar Chaudhary learned A.G.A. None appeared for the respondent No. 2, despite service. The factual position in a nutshell is that the respondent No. 2-Umesh Sharma lodged a complaint before the Addl. C.J.M.-Ist, Dehradun under sections 384, 385, 120-B, 500 I.P.C. against the applicants. The said complaint was registered as complaint Case No. 447/1995. Thereafter, the learned Magistrate proceeded under Sections 200 & 202 Cr.P.C. and the summoning order dated 31.8.1995 was passed against the applicants. Feeling aggrieved, the applicants have come up before this Court. The learned counsel for the applicants contended that the learned Magistrate has passed the summoning order in a mechanical way. The summoning order has been annexed at Annexure- 3 to this petition, which as follows:- ^^vfHk;qDrx.k euksjek 'kekZ czge Lo:Ik 'kekZ] ihrkEcj nRr 'kekZ] vkyksdj 'kekZ] ekepUn] t; izdk’k rFkk dsnkj flag dks /kkjk 385 o 500 vkbZ0ih0lh0 ds vkjksiksa ds fy, fnukad 9-10-95 ds fy, ryc fd;k tkrk gSA ifjoknh iSjoh vUnj rhu fnu djsaA fnukad 21&8&95** The aforesaid summoning order does not reveal that the learned Magistrate has applied his mind. The learned Magistrate has not mentioned that there is a prima-facie case against the applicants- accused and he has gone through the evidence adduced by the parties. Moreover, the learned Magistrate has not indicated that how may witnesses have been examined. Perusal of the summoning order reveals that it was passed in a mechanical way. As such, the summoning order dated 31.8.1995 is liable to be quashed. Therefore, the summoning order dated 31.8.1995 passed by the Addl. Chief Judicial Magistrate-Ist, Dehradun is quashed. The matter is remitted back with the direction that the learned Magistrate will reconsider the evidence and thereafter he will pass the suitable order in accordance with law. The petition is disposed of accordingly. (J.C.S. Rawat, J.) Dated 18-07-2005 MPS