1. Accused 1 to 3 in C.M.P.No.2759 of 2020 on the files of the Judicial First Class Court-II, Nedumangad, has filed this Criminal M.C. to quash the order in the said complaint dated 31.01.2025.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Though notice to the second respondent was served through the Station House Officer, he did not appear.

3. It is submitted by the learned counsel for the petitioners that the order impugned does not contain any reasons projecting, how the learned Magistrate came to the conclusion that the petitioners have committed offences punishable under Sections 294(b), 324, 326, 506(ii) and 307 read with Section 34 of the Indian Penal Code, prima facie.

4. The learned Public Prosecutor also submitted that the reasons stated are confined to the observations in paragraph 5 of the order which reads as under:

                  5. From the side of complainant four witnesses were examined and medical records were marked to show that the offence alleged is prima facie attracted. The injuries noted prima facie tallies with the case averred and are also grave. Those if was not treated in time, could have led to loss his life. Therefore, I believe here exist all sufficient grounds to proceed with the case. In such a circumstance, I believe the prayer has to be allowed. Accordingly, CMP is taken on file for the offence under section u/s. 294(b), 324, 326, 506(ii), 307 r/w.34 IPC against respondent no.1 to 3 as CP17/2025.”

                  It is shocking to note that even though this Court has again and again issued directions to the Criminal Courts in the State, to the effect that when an order to decide issuance of summons and to take cognizance for the offence/offences alleged to be committed by the accused, based on the materials submitted before the Court, while adjudicating a private complaint should contain reasons, orders in myriad numbers have been passed in negative to the directions issued. Thus, such orders in wide magnitude have been put under challenge before this Court, mainly highlighting the said aspect. It is a pitiable situation. Coming to the kernel of the order impugned, therein also, there is no discussion regarding the statements of the complainant and witnesses to arrive at a conclusion that there are ingredients to find the above offences, prima facie, for which cognizance had been taken. Thus, no valid reasons rather than an omnibus finding that the offences are made out prima facie only to be found in the impugned order. That is not intended, while passing such an order. Therefore, the order is illegal and the same would require interference.

5. In view of the above, this Criminal M.C. Is allowed.

The order impugned is set aside and the matter is remanded back to the learned Magistrate Court for fresh consideration.

6. The learned Magistrate is directed to take a fresh decision, after giving sufficient reasons for the decision within a period of three weeks from the date of receipt of a copy of this order.

7. The parties are directed to appear before the Magistrate Court at 11.00 a.m. on 22.10.2026.

8. Registry is directed to forward a copy of this order to all the Criminal Courts in the State, with direction to follow the procedure discussed in the order in future, without fail.