- (1.) APPEARANCE has been put in on behalf of the State. Notice to opposite party No.2 is dispensed with.
(2.) HEARD Sri. Manoj Kumar Mishra on behalf of the petitioner and Sri. S. K. Dixit A.G.A. and Sri. V. S. Srivastava A.G.P. on behalf of the State; and perused the record. This application under Section 482, Cr.P.C . has been moved to quash the order dated 1 8 2006 passed by the learned Chief Judicial Magistrate, Gonda taking cognizance and summoning the accused in Case No.2879 of 2006, State Vs. Radhey Shyam Ojha and others, arising out of Crime No.11/2006, under Sections 419, 420, 467, 471, I.P.C., Police Station Kotwali Nagar , District Gonda , along with entire proceedings of the case.
(3.) LEARNED counsel for the petitioner confines his argument within a very narrow compass and draws attention of this Court to the fact that the learned Magistrate has simply signed the summoning order which in fact is the reproduction of a rubber stamp. In other words the entire language of the order consists of a rubber stamp. He also puts forth that even the perforated line for writing a particular date has left blank which shows that there was total non application of mind while passing the summoning order at the time of taking cognizance on the charge sheet. Since the learned counsel for the petitioner has confined his arguments only on the aforesaid point I am not adverting to other points mentioned in the application under Section 482, Cr.P.C .;