A summoning order must reflect independent consideration of the distinct allegations against each accused.

The applicants sought to quash the charge-sheet and the cognizance/summoning order dated 5 April 2023 in Criminal Case No. 182 of 2023.

The investigating officer had charge-sheeted applicant No. 1 under Sections 323, 452, 504, 506 and 120-B IPC, but applicants Nos. 2–4 only under Sections 504, 506 and 120-B IPC.

The Magistrate nevertheless summoned all four applicants for all five offences.

The State did not dispute this discrepancy.

1. Whether the Magistrate’s order summoning all applicants for Sections 323, 452, 504, 506 and 120-B IPC, despite the charge-sheet specifying different offences for applicants Nos. 2–4, reflected due application of judicial mind.

2. Whether the Magistrate was bound by the offences specified in the charge-sheet when deciding whether to take cognizance.

A Magistrate must independently apply judicial mind to the material collected during investigation and is not bound by the offences specified in the charge-sheet; the Magistrate may take cognizance of any offence disclosed by the available material, in accordance with law.

The Court referred to Sections 323, 452, 504, 506 and 120-B IPC as the offences at issue.

The charge-sheet distinguished between the offences attributed to applicant No. 1 and those attributed to applicants Nos. 2–4, while the summoning order applied all five offences to every applicant.

Although the Magistrate was not bound by the charge-sheet’s classification, the order did not show that the distinct allegations against each applicant had been considered.

The discrepancy therefore warranted reconsideration through a fresh, reasoned order, without limiting the Magistrate’s authority to take cognizance of any offence supported by the record.

It remitted the matter to the Judicial Magistrate, Rishikesh, to reconsider the charge-sheet and investigation material, apply judicial mind, and pass a fresh, reasoned order in accordance with law.

Pending applications, if any, were also disposed of.