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The Patna High Court has held that judicial orders cannot be passed mechanically by filling in blanks on a printed proforma, observing that even an order taking cognizance must reflect application of judicial mind.

A Single Judge Bench of Justice Chandra Shekhar Jha was hearing a petition challenging the order dated 12.06.2018 passed by the Additional Chief Judicial Magistrate, Benipatti, whereby cognizance was taken against the petitioners for offences under Sections 406, 409, 420 and 34 of the IPC.

The case arose from an FIR registered on the complaint of the Block Education Officer, Benipatti, alleging that funds allotted for construction of additional classrooms and Headmaster rooms had not been utilised for the intended works and that there was prima facie defalcation of government money.

The petitioners challenged the cognizance order, contending that it had been passed on a printed proforma without application of judicial mind.

The High Court noted that while a Magistrate is not required to pass a detailed reasoned order while taking cognizance on a chargesheet, the order cannot be passed mechanically. Relying on Darshan Singh Ram Kishan v. State of Maharashtra, the Court observed:

“It is pointed out that Magistrate is not required to pass detailed reasoned order at the time of taking cognizance on the charge sheet, but it does not mean that order of taking cognizance can be passed by filling up the blanks on printed proforma. At the time of passing any judicial order including the order taking cognizance on the charge sheet, the Court is required to apply judicial mind and even the order of taking cognizance cannot be passed in mechanical manner.”

The Court further observed that judicial orders cannot be permitted to be passed by filling in blanks on a printed proforma or by affixing a ready-made seal on plain paper. It noted:

“In view of aforesaid submission and by taking note of fact that judicial orders cannot be allowed to be passed in a mechanical manner either by filling in blank on a printed proforma or by affixing a ready made seal etc., of the order on a plain paper. Such tendency must be deprecated and cannot be allowed to perpetuate. This reflects not only lack of application of mind to the facts of the case but is also against the settled judicial norms. Therefore, this practice must be stopped forthwith”

Finding that the cognizance order had been passed in a typed proforma by filling up blanks and without assigning reasons, the Court quashed and set aside the order dated 12.06.2018.

The Court directed the trial court to pass a fresh order, supplying reasons in accordance with law, if the matter was still pending before it.

Case: Deo Chandra Chaudhary and Anr. v. State of Bihar.

Case No.: Criminal Miscellaneous No. 22003 of 2019

Appearance: For the Petitioners – Mr. Abhay Kumar Thakur, Advocate. For the Opposite Party – Mr. Shyameshwar Dayal, Advocate.

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