Aslam Alamgir Ali Malkani v. State of Maharashtra and Ors.
Case brief
What is this about?
Cognizance and issuance of process were challenged as mechanical, taken by printed proforma without application of mind. Relying on the Allahabad High Court decision in Krishna Kumar Naayi, the court set aside the cognizance and process, directing the trial court to re-examine them afresh.
What did the court decide?
Order taking cognizance and issuance of process set aside; trial court free to re-examine cognizance afresh.