2025:UHC:2018 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C482 No.2271 of 2023 Hon’ble Pankaj Purohit, J. Mr. Mohd. Alauddin, learned counsel for the applicants, appeared through video conferencing. 2. Mr. Bhaskar Chandra Joshi, learned A.G.A. with Ms. Sweta Dobhal, learned Brief Holder for the State of Uttarakhand. 3. Mr. Gaurav Singh, learned counsel for respondent No.2, appeared through video conferencing. 4. Delay in filing the counter affidavit is condoned. Counter affidavit filed by the State is taken on record. Delay condonation application (IA/1/2024) made therefor, is allowed. 5. By means of the present C-482 application, applicants have challenged the charge-sheet dated 21.05.2019 (Case Crime No.744 of 2018), cognizance/ summoning order dated 20.02.2020 and the entire proceeding of New Criminal Case No.565 of 2022 (old Criminal Case No.128 of 2020) State Vs. Dhirajpal and others, for the offence under Sections 323, 504, 506 IPC, pending in the Court of Judicial Magistrate, Laksar, District Haridwar. 6. Learned counsel for the applicants has argued that the summoning order dated 20.02.2020, in fact, is a mechanical order, which has been passed in the cyclostyle manner, without an application of mind and hence, it cannot justify the test of reasonability in passing the summoning 2025:UHC:2018 order, summoning the accused persons to face a criminal trial. 7. As per the principle, which has been enunciated by the Hon’ble Apex Court, that for the purposes of summoning of an accused person, the Court has have to apply its mind on the material placed before it, prior to passing of the summoning order. Since, the summoning order do not justify the test as laid down by the Hon’ble Apex Court in the judgment of Pepsi Foods Ltd. & Another Vs. Special Judicial Magistrate & Others as reported in (1998) 5 SCC 749. Therefore, the present C-482 application deserves to be allowed. 8. In view of the above, the present C- 482 application is allowed and as a consequence thereto, the summoning order dated 20.02.2020 is hereby quashed. 9. The matter is remitted back to the court of learned Judicial Magistrate, Laksar, District Haridwar to pass a fresh and reasoned order, after considering the materials, which are placed before it. (Pankaj Purohit, J.) 21.03.2025 PN