CRLP/16339/2026 of Tarun Thakral Vs The State of Telangana on 6 October 2026

ORDER

This Criminal Petition has been filed by the petitioner/accused No.7, seeking to quash the proceedings in C.C.No.2007 of 2025 on the frle of the II Additional Junior Civil Judge-cum-X Judicial Magistrate of First Class, Rangareddy District, at Kukatpally, registered for the offences punishable under Sections 2l of the Narcotic Drugs and Psychotropic Substances Act, 1985

2. Heard Mr. Ravish Kedia, learned counsel for the petitioner and Mr.Jithendar Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1

3. With the consent of both the learned counsel, the criminal petitron is disposed of at the admission stage on the ground that even acco:ding to the learned counsel fbr the petitioner, the matter before the learned Trial Court has not riped for the trial yet. In view of the same, notice in respect of respondent No.2ldefacto complainant is dispensed rvith

1. Upon perusal of the record, it reveals that the learned Magistrate, without recording satisfaction and without assigning any reas()ns, has taken cognizance against the petitioner and issued sumlnons mechanically and passed crptic docket ordel by using rubber stamp. -fherefore, cognizance order passed by the learned Magistrate is liable to be quashed

5. Leamed Additional Public Prosecutor has not ol)posed the subnrissions made by the leamed counsel fbr the petitioner

6. Having considered the submissions made by the respective parties and after perusal of the material available on recortl, it reveals that the leamed Magistrate has taken cognizance, without recording satis [action and without assigning any reasons against the accused and not against the offences, through the cognizance order 7 . It is very much relevant to mention that in Sunil Bharati Mittal v. Central Bureau of Investigationt the Hon'ble Supreme Court held that the order of issuing process to accused to face criminal trial is a serious issue. Such summoning cannot be done on mere asking and the Court has to record reasons for summoning a person. h GHCL Employees Stock Option Trust v. India Infoline Limilet, the Hon'ble Apex Court found fault with the order of the Magistrate in issuing sufirmons when the Magistrate has not recorded his satisfaction about the prima facie case against the accused. In Chief Enforcemnet Of/icer v. Videocon International Limited, the Hon'ble Supreme Court while discussing the expression 'cognizance' held that in criminal law 'cognizance' means becoming aware of and the word used with respect to Court or a Judge initiating proceedings in respect of an offence. Taking cognizance would involve application of mind by the Magistrate to the suspected commission of an offence. The Hon'ble Supreme Court in Sunil Bharati Mittal's case (Supra), further held as foilows: "Sine Qua Non for taking cognizance of the offence is the application of mind by the.bfitgistrate and his satisfaction that the allegations, tfproved, ' (2015) 4 scc 609 'z (2013) 4 scc 505 3 (2008) 2 scc 492

would constitute qn offence. It is, therefore, imperqtiye that on a compl(tint or on a police report, the Magistrate is bouncl to consider the question as to whether the seme discktses commission of an offenat and is required to form such an opinion in this respect. When he doe.s so and decides to tssue process, he shall be said to have taken cognizonce. At the stage of taking cognizdnce, the only consideration before the Court remains to consider judiciously whether the material on whch the prosecutnn proposes to prosecule lhe accused brings out a prima facie cqse or not "

8. ln Fakhruddin Ahmatl v. State of Uttaranchal antl anothera, it is held as follows: "Neyertheless, it is well settLed that before a Magistrate can be said to have taken cognizance of an offence, it is imperatiye thdt trc must have nken notice of the occusations and applied his mind to the allegations made in the complaint or in the police report or the information receited from a source r.tther thqn a police report, as the case mqy be, end the material Jiled therewith. It needs little emphasis that it LS only when the Magtstrdte applies his mind and is satisfed that the allegations, if proted, would constitute an offence ancl decides to initiate proceedings against the allegecl oJfender, that it cqn be positively stated that he has tuken cognizance of the o/fence. Cognizan(e is in regard to the offence and not the offender. "

9. In view of the observations and directions of the Hon'ble Supreme Court in the judgments referred to supra, the act of issuing process of summoning the accused to face criminal trial is a serious issur: and such orders directing summons to a person to face criminal trial cannot be on the basis of cryptic orders and it should be an order reflecting applicatlon of mind by the Presiding Officer u'hile taking cognizance and issuing process ' lzoos; tz scc rsz To, .,

10. For the foregoing reasons and in view of the principles laid down by the Hon'ble Apex Couft in the judgments cited supra, and without going into the other grounds, this Court is of the considered view that the cognizance order is liable to be quashed and accordingly quashed. The leamed Magistrate is directed to take cognizance afresh and to proceed with the matter, in accordance with law. 1 1. Accordingly, the criminal petition is disposed of Pending miscellaneous appiications, if any, shall stand closed. SD/. B. REKHA RANI ASSISTANT REGISTRAR ,TRUE COPY' SECTION OFFICER

1. The ll Additional Junior Civrl Judge- Cum- X Judicial lr/agistrate of First Class, Rangareddy Drstrict at Kukatpally Cyberabad

2. The X Additional I\4etropolitan lrrlagistrate Kukatpally at prashanth Nagar, Cyberabad

3. Station House Officer Poljce Station Gachibowli, Cyberabad.

4. One CC to SRI RAVISH KEDIA Advocate [OPUC]

5. Two CCs to PUBLIC PROSECUTOR High Court for the State of Telangana, at Hyderabad [OUT]

6. Two CD Copies BA/GNK ?*-,.

HIGH COURT DATED: 0611012026

ORDER

CRLP.No.16339 of 2026 DISPOSING OF THE CRIMINAL PETITION ? CI T S f

DF =:- )o.) t 0ffi

?2o + \ -i', '.l{-,"

V 6r,h