Raj. HC Quashes Cognizance Order, Demands Judicial Application of Mind

Raj. HC Quashes Cognizance Order, Demands Judicial Application of Mind

The Rajasthan High Court recently quashed the cognizance order issued by the Additional Civil Judge cum Metropolitan Magistrate in Criminal Case.

In the said matter, the court emphasized the necessity for judicial officers to apply their minds independently when taking cognizance of offenses rather than mechanically filling out pre-printed forms.

The petitioners sought the quashing of FIR No.547/2017, registered at Police Station Vaishali Nagar, Jaipur, and all subsequent proceedings, including the contested cognizance order. They argued that the FIR was filed with malicious intent, stemming from personal enimity, and that the trial court's cognizance was taken without proper consideration, using a standard format with blanks filled in mechanically.

Justice Anil Kumar Upman, presiding over the case, noted that taking cognizance of an offence is a critical judicial step that requires careful application of the mind. The court cited multiple Supreme Court judgments to underscore that the issuance of process is not a mere formality and must be supported by reasons reflecting a prima facie case.

The ruling criticized the trial court’s use of a printed pro-forma to take cognizance, terming it as a practice that "cannot be appreciated" and should be "deprecated." The judge directed that a fresh order on the issue of cognizance be passed, adhering to the principles laid down by higher courts.

In a broader directive, the High Court instructed the Registrar General to circulate this order among all judicial magistrates in Rajasthan to prevent the recurrence of such practices. The court underscored the importance of judicial independence and thoroughness, which are foundational to maintaining the dignity and efficacy of the judicial process.

This ruling serves as a reminder of the judiciary's role in safeguarding personal liberties and ensuring that legal proceedings are conducted with the utmost integrity and diligence.

Case Title: Prateek Sood & Others vs. State of Rajasthan

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