Partly allowed

Alamara and Another v. State of U.P. and Another

Allahabad HC21 Sept 2021A482/3680/2021

Case brief

AI extract

What is this about?

This application under Section 482 CrPC sought to quash proceedings and chargesheets based on the ground that the summoning order lacked application of mind and was passed on a cyclostyled copy. The Court set aside the impugned order dated 6.2.2020 and remanded the matter to the Trial Court for fresh orders.

What did the court decide?

The impugned order dated 6.2.2020 is set aside and the matter is remanded before the A.C.J.M. Court No. 12, Azamgarh for passing fresh orders of summoning and cognizance.

Alamara and Another Vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2021)

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Court No. - 85

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Case :- APPLICATION U/S 482 No. - 3680 of 2021

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Applicant :- Alamara And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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This application has been filed with a prayer to to quash the further proceedings of case arising out of case crime N. 77 of 2019, as well as the chargesheet no. 01 of 2019, under sections 498-A, 323, 504, 506, 427 IPC and section 3/4 D.P. Act, PS. Mehnagar,District Azamgarh and also cognizance order dated 6.2.2020 passed by A.C.J.M. Court No. 12, Azamgarh.

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Counsel for the applicants confines his arguments to the first part of the submission that the summoning order is bereft of application of mind and has been passed on the cyclostyled copy. He thus argues that the summoning order suffers from the vice of non-application of mind and therefore is liable to be set aside on that ground alone. In support of his submission, he placed reliance on the judgment of the Supreme Court in the case of Megh Nath Gupta & another Vs. State of U.P. and another, 2008 (62) ACC 826 as well as Single Judge judgment and order passed by this Court in the case of Ankit Vs. State of U.P. and another [(2009) (9) ADJ 778] on an Application No. 19647 of 2009 filed under Section 482 CrPC on 15.10.2009. He, thus, argues that the summoning order is liable to be set aside in view of the well settled law of this Court. He also placed before me several orders passed by this Court whereby similar orders have been set aside by this Court and the matters have been remanded before the Trial Court for fresh orders in accordance with law. A perusal of the summoning order impugned in the present proceedings clearly demonstrates that there was no application of mind whatsoever prior to the passing of the summoning order, which has been repelled by this Court in various judgments.

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In view of the categorical pronouncements of this Court, the impugned order dated 6.2.2020 passed by A.C.J.M. Court No. 12, Azamgarh is set aside and the matter is remanded before the A.C.J.M. Court No. 12, Azamgarh for passing fresh orders of summoning and cognizance if it deems fit.

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Consequently, the application is allowed in part and the order dated 6.2,2020 is set aside in terms of the order passed above.

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Let a copy of this order be sent to the A.C.J.M. Court No. 12, Azamgarh for its compliance as stated above.

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Order Date :- 21.9.2021

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RPD

Alamara and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Alamara and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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