- (1.) The applicants/petitioners Subhash Chandra @ Subhash Rai and 5 Others have invoked the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the charge sheet submitted against the applicants on 27.2.2015 in the court of Additional Chief Judicial Magistrate, Court No. 10, Azamgarh, under sections 147, 148, 149, 452, 323, 504, 506 I.P.C.,Police Station Tahbarpur, District Azamgarh and court has taken cognizance on 28.4.2015 and case has registered as Case No. 635 of 2015 State Vs. Subhash and further prays to stay the proceedings of the case aforesaid.
(2.) Heard learned counsel for the petitioners/applicants and learned A.G.A.for the State of U.P.
(3.) It has been submitted on behalf of the petitioners that a reasoned order has not been passed while passing the cognizance order on the police report. Learned counsel for the petitioners has placed reliance upon Shree Mahavir Carbon Ltd. Om Prakash Jalan (Financer) and another reported in (2016) 1 Supreme Court Cases ( Cri ) 315 and has laid emphasis that a reasoned order is required to be passed. He also placed reliance on the observations made in paragraphs 15, 16, 17 of the above cited case, the same are being reproduced herein below. "15. We are of the opinion that while recording the decision with clarity, the Court is also supposed to record sufficient reasons in taking a particular decision or arriving at a particular conclusion.The reason should be such that they demonstrate that the decision has been arrived at on an objective consideration. 16. When we talk of giving "reasons" in support of a judgment, what is meant by "reasons" . In the context of legal decision making, the focus is on what makes something a legal valid reason. Thus, " reason would mean a justifying reason, or more simply a justification for a decision is a consideration, in non-arbitrary ways in favour of making or accepting that decision. If there is no justification in support of a decision, such a decision is without any reason or justifying reason. 17. We are not entering into a jurisprudential debate on the appropriate theory of legal reasoning . It is not even a discourse on how to writ judgments. Our intention is to simply demonstrate the importance of legal reasoning in support of a particular decision. What we have highlighted is that instant is a case or arriving at a conclusion, in complete absence of reasons, what to talk of adequate or good reasons that justify that conclusion.";