Cuttack: Orissa High Court has ruled that a magistrate cannot pass an order to proceed against a person not named in the charge sheet without giving reasons.

The high court said when the magistrate ignores the conclusion of the investigating officer without giving reason it amounts to "non application of mind".

The observation was given while considering a petition seeking intervention against the order of the court of judicial magistrate first class on a charge sheet filed by the police in an 18-year-old murder case at Paschimakhandabhola in Salipur police station limits.

Police had named three accused persons in the charge sheet submitted in 1999. The lower court at Salipur had taken cognisance of the offences and issued order for process against Sunamani Raul, who was not named in the charge sheet on January 31, 2006.

Roul challenged it in the high court in the same year, but it languished till it was heard on April 9.

The high court felt the magistrate had apparently assigned no reason as to why it thought it proper to issue process against the Roul despite the investigating officer felt that no material was made out against him.

As there is no prima facie material against the petitioner relating to commission of the offences under which the charge sheet has been submitted "it was not proper on the part of the Magistrate to proceed against the petitioner", the single judge bench of Justice S.K. Sahoo ruled.