AIR 2015 SUPREME COURT 2195

Supreme Court Of India

(From : Jammu and Kashmir)*

Hon'ble Judge(s): Kurian Joseph, Adarsh Kumar Goel , JJ

Criminal P.C. (2 of 1974) , S.190, S.204— Taking of cognizance and issuance of process - There is no indication of application of mind by Magistrate - Application of mind cannot be inferred - Though no formal or speaking or reasoned orders are required at stage of S. 190/204, Cr.P.C., there must be sufficient indication on application of mind by Magistrate to allegations in complaint - Order by Magistrate calling appellants, accused to defend criminal proceedings - Liable to be set aside. Petition No. 23 of 2007, D/- 18-5-2007 (JandK), Reversed. (Para 23) The Magistrate is not to act as a post office in taking cognizance of each and every complaint filed before him and issue process as a matter of course. There must be sufficient indication in the order passed by the Magistrate that he is satisfied that the allegations in the complaint constitute an offence and when considered along with the statements recorded and the result of inquiry or report of investigation under S. 202 of Cr.P.C., if any, the accused is answerable before the criminal court, there is ground for proceeding against the accused under S. 204 of Cr.P.C., by issuing process for appearance. Application of mind is best demonstrated by disclosure of mind on the satisfaction. If there is no such indication in a case where the Magis....