5. After hearing the counsel for the petitioner and the State and going through the records. I find that cognizance for offence under Sections 323 and 498A of the Indian Penal Code has been taken on the ground that there was demand of motorcycle, television and gold chain and on non-fulfillment of the same, lady was tortured. Though the aforesaid fact can be ground for taking cognizance and can be sufficient materials to take cognizance, but what are the materials to proceed or to issue summons against the petitioners have not been reflected in the order taking cognizance. While passing the order dated 28.05.2010, the Court below has not whispered as to what are the materials for issuing summons. Order of summoning is very important in criminal trial, which should not be utilized in mechanical manner. What are the materials, should be reflected in the order by the Court passing the same. Order need not to be reasoned one, but, it should reflect application of mind. This Court in the case of Amresh Kumar Dhiraj and Others versus State of Jharkhand & Another reported in 2020 (1) JLJR 199 (Jhr.) has passed a detailed order discussing the provisions of issuing process under Section 204 of the Code of Criminal Procedure and order taking cognizance. The impugned order is not in consonance with the aforesaid order.
