On consideration of the arguments advanced by the learned counsel for the parties the entire proceedings seems to have been stalled on account of pendency of Cr.P.C. No. 374 of 2002 and only on its dismissal due to non prosecution and sending back the case records to the court below it seems that learned trial court made efforts to secure the attendance of the accused persons. However, it appears from the impugned order dated 30.05.2016 and 14.06.2016 that none of the orders indicate service of summons upon the petitioners or for that matter issuance of summons for securing the attendance of the petitioners. Both the orders have been mechanically passed without looking into the background facts and circumstances of the case and therefore in view of the fact that the impugned orders do not reflect the independent application of judicial mind on the part of the learned Magistrate the same is hereby quashed and set aside with a liberty to the learned Chief Judicial Magistrate, Jamtara, to proceed further in accordance with law so far as these petitioners are concerned.
