Serial No. 22 Suppl. List-2 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU (Through Virtual Mode) CRM(M) 658/2019 CrlM(1540/2019) VAISHNO INSTITUTE OF TECHNOLOGY AND MANAGEMENT TH. SANJAY KUMAR GUPTA AND ANR. …Petitioner(s)/Appellant(s). Through: Mr. Sudesh Sharma, Adv. Vs. RAJINDER PARSHAD ...Respondent(s). Through: Mr. Atul Verma, Adv. CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 02.03.2026 01. The petitioner through the medium of this petition has sought quashing of Order dated 14th August, 2017, passed by the learned Judicial Magistrate 1st Class (Munsiff), Bani, (for short “ the learned Magistrate”) in complaint titled “Rajinder Parshad vs Vaishno Insitute of Technology & Management and Anr.”, whereby the petitioner has been summoned. 02. It is contended that the order impugned has been passed by the learned Magistrate mechanically and even in the order impugned it is not mentioned that for which offences the petitioner has been summoned. 03. Order dated 14th August, 2017, reveals that the learned Magistrate, after calling report from the office and after observing that the statement of the complaint was recorded in open court, summoned the petitioner. 04. The order impugned has been passed by the learned Magistrate in a mechanical manner as it is not forthcoming as to for which offences, the petitioner has been summoned. Accordingly, the Order dated 14th August, 2017 is quashed and the matter is remitted to the learned trial court for passing fresh orders in accordance with law, more particularly, in light of the Judgment of the Hon’ble Apex Court of India in case titled M/S. Pepsi Foods Ltd. and Anr. vs. Special Judicial Magistrate and Ors.” reported in AIR 1998 SC 128. 05. The instant petition is disposed of in the aforesaid terms. (RAJNESH OSWAL) JUDGE SRINAGAR 02.03.2026 Shamim Dar