Partly allowed

Zafar Khan and 3 Others v. State of U.P and Another

Allahabad HC4 Jul 2022A482/11434/2022

Case brief

AI extract

What is this about?

The Court set aside the impugned summoning order dated 19.07.2021 for lack of application of mind and mechanical drafting on a cyclostyled copy. The matter was remanded to the lower court to pass fresh orders of summoning and cognizance if deemed fit.

What did the court decide?

The summoning order dated 19.07.2021 is set aside, and the matter is remanded to the lower court to pass fresh orders of summoning and cognizance.

Zafar Khan and 3 Others Vs State of U.P and… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 83

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Case :- APPLICATION U/S 482 No. - 11434 of 2022

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Applicant :- Zafar Khan And 3 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Manoj Kumar Mishra 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

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This application has been filed with a prayer to to quash the charge sheet dated 11.10.2020 arising out of case crime no. 114 of 2020, under sections, 342, 323, 324, 504 IPC and section 3(2)(Va) of SC/ST Act, Agra as Special Trial No. 94 of 2021, P.S. Kheragarh, District Agra as well as the cognizance order dated 19.07.2021.

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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.

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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 19.07.2021 is set aside and the matter is remanded before the concerned court below for passing fresh orders of summoning and cognizance if it deems fit.

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Consequently, the application is allowed in part in terms of the order passed above.

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Let a copy of this order be sent to the concerned Court below for its compliance as stated above.

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Order Date :- 4.7.2022

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RPD

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Digitally signed by RATAN PRAKASH DWIVEDI Date: 2022.07.04 18:14:01 IST Reason: Location: High Court of Judicature at Allahabad

Zafar Khan and 3 Others v. State of U.P and Another

Case brief

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Zafar Khan and 3 Others v. State of U.P and Another

Case brief

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