In a judgment approved for reporting, the High Court of Judicature at Allahabad, Lucknow Bench, quashed a summoning order that had been passed in a mechanical manner.
The Court reaffirmed that when a Magistrate takes cognizance under Section 190 of the Code of Criminal Procedure, the order must show that the material on record has been considered. Summoning an accused person is a serious step, and an order that merely reproduces a printed form without reflecting any consideration of the facts cannot be sustained.
The principle carries over to the corresponding provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.
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