IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23095 of 2016 Arising Out of PS.Case No. -389 Year- 2015 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== 1. Shambhu Prasad Son of Late Nathuni Prasad, Resident of villageSansariya, P.S.- Betiah (Mufassil), District- West Champaran. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 2 15-09-2016 Heard learned counsel for the petitioner as well as learned APP. Without adverting to merit of the case, the order impugned dated 19.03.2016 passed by CJM, West Champaran at Bettiah in Bettiah Mufassil PS Case No. 389/2015, the order impugned by which cognizance of an offence has been taken, reminds activity having been taken by the learned lower court at par with the executive magistrate by having a printed form with gaps and that has been filled up. Such mechanical process has been deprecated since long. It is not an executing function and so should speak regarding applicability of judicial mind. After all, whenever an accused is summoned, his right is being eroded upon which, could not be allowed to be by mechanical process.
