'Not An Empty Formality': Rajasthan High Court Flags Casual Cognizance Orders By Magistrates, Seeks Chief Justice's Intervention

Rajasthan High Court took a serious note of several cognizance orders being passed by Magistrates in “very casual and cursory manner, without due application of judicial mind”, without perusing the records, or ensuring that there existed any prima facie case.

In doing so the court referred the matter to the Chief Justice on the administrative side, to consider sending the order to Judicial Officers of the State asking them to remain careful in future while passing such orders, and to consider sending order to State Judicial Academy to formulate a course in the training of the Judicial Officers. 

Justice Anoop Kumar Dhand remarked:

"It is further noticed that in some of the cases, cognizance orders are being passed in proformas and in cyclostyle manner. Although, meticulous appreciation of evidence is not required at this stage but at least a formal application of mind must be there. The order of taking cognizance and issuance of process against the accused is not an empty formality. The Magistrate is required to apply his judicial mind as to whether there is a prima facie case to take cognizance and there exists sufficient grounds to proceed against the accused". 

Directing the matter be placed before the Chief Justice the court said:

"However, in the fitness of the things, the matter be placed before Hon'ble the Chief Justice from administrative side for consideration as to whether a copy of this order be sent to all the Judicial Officers of the State on their e-mail address manning them to remain careful in future, while taking cognizance and issuing process against the accused person and further to consider and/or sending a copy of this order to the Director, Rajasthan State Judicial Academy to formulate a course in the training of the Judicial Officers to apply their judicious mind before taking cognizance and do not pass the cognizance orders in most cursory manner or in proformas, in a cyclo-style manner, while conducting trial, in future (if deems appropriate)". 

The Court was hearing quashing petitions challenging the cognizance taken by the Magistrate against the petitioners under the Drugs and Cosmetics Act, 1940 (the “Act”).

It was the case of the petitioners that the order taking cognizance was a non-speaking order, wherein no satisfaction was recorded by the trial court. The order was passed in a cursory manner without due application of mind.

After hearing the contentions, and perusing the material on record, the Court reiterated the settled principles of law around cognizance, and observed that while passing the impugned order, no reason was assigned by the Magistrate as to how a prima facie case was made out against the petitioners for proceeding against them.

The Court held that the totally non-speaking order that was passed in a cursory manner, was not tenable in the eyes of law and was liable to be set aside.

In this light, the Court remitted the matter to the Magistrate to pass a reasoned order, after due application of mind.

It was clarified that no meticulous appreciation of evidence was required, and only existence of a prima facie case had to be ascertained.

Before concluding, the Court stated, “this Court takes a serious note of the prevailing situation and circumstances, while noticing that in several cases cognizance orders are being passed by the learned Magistrates, in a very causal and cursory manner, without due application of judicial mind, without perusing the material available on the record and without ensuring that there exists any “prima facie” case to issue summon and proceed against the accused”.

Accordingly, it was directed to place the matter before the Chief Justice on the administrative side for consideration. 

Title: M/s Cadila Pharmaceuticals Ltd. & Anr. v the State of Rajasthan & Anr. and other connected matters

Citation: 2025 LiveLaw (Raj) 399

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