Amrendra Kumar vs State Of Bihar and Anr

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4723 of 2019
Arising Out of PS. Case No.-329 Year-2016 Thana- PHULPARAS District- Madhubani
======================================================
Amrendra Kumar Bhola Prasad Yadav Resident of Belha, P.S Phulparas,
District-Madhubani
... ... Petitioner
Versus
1. State Of Bihar and
2. Virendra Kumar Paswan Dobhi Paswan Resident of Belhar, P.S Phulparas,
District-Madhubani
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Suraj Samdarshi, Adv.
For the Opposite Parties : Mr. Sadanand Paswan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 24-07-2026
1. Heard the parties.
2. This present application has been filed for quashing
the order taking cognizance dated 19.9.2018 passed by the
Additional District & Sessions Judge-cum-Special Judge, SC & ST
Act, Madhubani in connection with Phulparas P.S. Case No. 329
of 2016 (G.R. No. 1774 of 2016, T.R. No. 983 of 2018),
whereby and whereunder cognizance has been taken under
Section 323, 504 of the Indian Penal Code and Section 3(1)(r),
3(2)(va) of the Scheduled Caste & Scheduled Tribe (Prevention
of Atrocities) Act, 1989.
3. As per the prosecution case, on 13.11.2016 the
informant, namely Virendra Kumar Paswan, informed the Officer

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Incharge of Phulparas Police Station, District Madhubani, alleging
therein that on the call of Smt. Nilam Devi, Head Mistress-cum-
Incharge, Middle School, Belha, on 29.9.2016 the informant's
wife, namely Shiv Kumari who is also the Ward Member of Ward
No. 12, and the Chairman of Shiksha Samiti of the School, came
for putting her signature on the desk form. It is further alleged
that on the query being made by Shiv Kumari, the wife of the
information regarding the expenditure of the School fund, the
accused-petitioner, Amrendra Kumar, who is also a Teacher in
the same School, abused her by her caste name and also beat
her up, whereafter she went to her house and narrated the
incidence before her husband, who is the informant of the
present case. It is further alleged that thereafter the informant
along with the members of the family came to the School,
however, the said Amrendra Kumar insulted the informant also
and beat him up. It is further alleged that the informant had also
approached the SC & ST Police Station at Madhubani.
4. On the basis of aforesaid, Phulparas P.S. Case No.
329 of 2016 was registered on 13.11.2026 against petitioner.
5. Without arguing on other available merits, learned
counsel, Ms. Abhilash Jha, appearing on behalf of petitioner
straightaway submitted that impugned order dated 19.09.2018 is

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on the printed proforma, without application of judicial mind and
therefore same is not sustainable in the eyes of law.
6. Despite service of notice, O.P. No. 2 did not appear
to join the present pending proceeding.
7. For better understanding of the fact, it would be
apposite to reproduce the cognizance order dated 19.09.2018
hereby below:-
8. In the case of Darshan Singh Ram Kishan v.
State of Maharashtra , (1971) 2 SCC 654 , the Hon'ble Court

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was pleased to observe that the process of taking cognizance
does not involve any formal action, but it occurs as soon as the
Magistrate applies his mind to the allegations and, thereafter,
takes judicial notice of the offence. As provided by Section 190 of
the Code of Criminal Procedure, a Magistrate may take
cognizance of an offence either, (a) upon receiving a complaint,
or (b) upon a police report, or (c) upon information received from
a person other than a police officer or even upon his own
information or suspicion that such an offence has been
committed. As has often been held, taking cognizance does not
involve any formal action or indeed action of any kind but occurs
as soon as a Magistrate applies his mind to the suspected
commission of an offence. Cognizance, therefore, takes place at a
point when a Magistrate first takes judicial notice of an offence.
This is the position where the Magistrate takes cognizance of an
offence on a complaint, or on a police report, or upon information
of a person other than a police officer. Therefore, when a
Magistrate takes cognizance of an offence upon a police report,
prima facie he does so of the offence or offences disclosed in
such report.
9. It is pointed out that Magistrate is not required to
pass detailed reasoned order at the time of taking cognizance on

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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.
10. In view of aforesaid submission and by taking note
of the 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.
11. The cognizance/summoning of an accused in a
criminal case is a serious matter and the order must reflect that
Magistrate had applied his mind to the facts as well as law
applicable thereto, whereas the impugned cognizance order was
passed in mechanical manner without application of judicial mind
and without satisfying himself as to which offence were prima-
facie being made out against the applicant on the basis of the

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allegations made by the complainant. The impugned cognizance
order passed by the learned Magistrate is against the settled
judicial norms.
12. It appears that this Court is prima facie convinced
that the cognizance against this petitioner was taken in a very
mechanical manner that too in a typed proforma, by way of fill
up the blanks, as it is apparent from the impugned order of
cognizance, without assigning any reason, therefore, the
impugned order dated 19.09.2018 is hereby quashed and set-
aside with a direction to learned trial court to pass a fresh order
supplying reasons in accordance with law, if the matter is still
pending before the learned trial court.
13. Accordingly, the present petition stands allowed.
14. Let the copy of the judgment be sent to learned
trial court immediately.

(Chandra Shekhar Jha, J.)
Aniket/-
AFR/NAFR AFR
CAV DATE N/A
Uploading Date 24.07.2026
Transmission Date 24.07.2026