Remanded

Anarkali and 5 Others v. State of U.P. and Another

Allahabad HC18 May 2022A482/1157/2022

Case brief

AI extract

What is this about?

The High Court quashed a summoning order dated 30.01.2020 passed by the Additional Chief Judicial Magistrate, Allahabad. The court held that the order was passed mechanically on a photocopy of a printed proforma without applying judicial mind, violating established legal principles.

What did the court decide?

Impugned summoning order dated 30.01.2020 set aside and matter remitted to the Court below to pass order on cognizance and summoning afresh.

Anarkali and 5 Others Vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 1157 of 2022

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Applicant :- Anarkali And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Birendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Learned counsel for the applicants is permitted to make necessary correction in the prayer clause, during the course of the day.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The present application under Section 482 Cr.P.C., has been filed for quashing of the charge-sheet dated 14.12.2019 and summoning order dated 30.01.2020 as well as entire proceedings of Case No.124/2020 (State Vs. Udairaj and others), Case Crime No.270/2019, under Sections 147, 149, 323, 504, 506, 427 and 452 IPC, P.S. Bahariya, District Prayagraj, pending in the Additional Chief Judicial Magistrate, Court No.2 Allahabad.

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It has been argued by learned counsel for the applicants that the applicant no.2 and husband of opposite party no.2 are cousin and that both the parties belongs to same family. The first information report of this case has been lodged making false and baseless allegations and that entire family of applicants was named in the first information report and that charge-sheet has been submitted in a ruitine manner without proper investigation. Learned counsel further submitted that impugned summoning order dated 30.01.2020 has been passed on a printed proforma by merely filling the name of the applicants, other details of case like case number, crime number and police station etc. in the proforma, which clearly shows that this order

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has been passed in a mechanical manner without application of judicial mind and thus, the impugned cognizance order is not sustainable.

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Learned A.G.A. has opposed the application and argued that looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants.

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Perusal of record shows that the impugned summoning order dated 03.08.2021 has been passed on photocopy of a printed proforma and merely details of case like Name of Accused, Sections, Police Station, Crime Number and Next Date of Listing were filled in the said proforma. It is well settled that summoning order has to be passed after considering relevant material and applying mind. In the instant case, it is apparent that the impugned order has been passed in a mechanical way without applying judicial mind.

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In view of the aforesaid facts and circumstances of the case and the law laid down in the case of Ankit Vs. State of U.P. J.I.C. 2010 (1) 432, Basasudin and others Vs. State of U.P. 2011 (1) JIC, 335 All, Abdul Rashid and others Vs. State of U.P. 2010 (3) JIC, 7661 All , the impugned summoning/cognizance order is not sustainable and the same is liable to be set aside.

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Accordingly, the impugned summoning order dated 30.01.2020, passed by the Additional Chief Judicial Magistrate, Court No.2 Allahabad is hereby set aside and matter is remitted back to the Court below to pass the order on cognizance and summoning afresh expeditiously in accordance with law.

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With the aforesaid observations, the instant application u/s 482 Cr.P.C. is finally disposed of.

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Order Date :- 18.5.2022/Neeraj

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Digitally signed by NEERAJ KUMAR SINGH Date: 2022.05.20 09:55:47 IST Reason: Location: High Court of Judicature at Allahabad

Anarkali and 5 Others v. State of U.P. and Another

Case brief

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Anarkali and 5 Others v. State of U.P. and Another

Case brief

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