SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 26.03.2025 C-482 Petition No.1731 of 2016 Hon’ble Alok Mahra, J. Mr. M.K.Ray, learned counsel for the applicants. 2. Mr. Deepak Bisht, learned Deputy Advocate General, Mr. Devendra Singh, A.G.A. and Mr. Prabhat Kandpal, Brief Holder, for the State. 3. Mr. Vikas Kumar Guglani, learned counsel for the respondent no.2. 4. By means of present C-482 Petition, the applicants seek to quash charge-sheet dated 17.10.2016, summoning order dated 11.11.2016 as well as the entire proceedings of Criminal Case No. 6237 of 2016, State vs. Gurmeet Kaur and others, for the offence punishable under Sections 420, 467, 468, 471 and 120B IPC. 5. Learned counsel for the petitioner submits that the Trial Court committed a manifest error of law, while passing the summoning order, without applying judicial mind and, in a routine and cryptic manner, issued the summoning order. 6. Heard learned counsel for the parties and perused the record. 7. In the case of Pepshi Foods Ltd. And another vs. Special Judicial Magistrate and others, reported in (1998) 5 Supreme Court Cases 749, Hon’ble Apex Court has held that the summoning order passed by the learned Magistrate must show that he has applied his mind to the facts of the case and law applicable thereto. While passing the summoning order, he should carefully scrutinize the evidence brought on record and may himself put questions to the complainant and his witnesses to find out the allegations. Learned trial court while passing the impugned order, has not done so. The order impugned, therefore, has to go. 8. The matter is remanded back to the learned court below for passing the order afresh, after perusing the entire records including the FIR, Statement under Section 161 Cr.P.C. as well as the entire case diary and after hearing the parties, in accordance with law. 9. Learned court below is further directed that since the FIR is of the year 2015, it is expected that the learned Court below shall expedite the matter without being prejudiced by the order passed by this Court. 10. C-482 Petition thus stands disposed of. (Alok Mahra, J.) 26.03.2025 Kaushal