Allowed

Shabeena v. State of U.P. and Another

Allahabad HC27 May 2022A482/12849/2022

Case brief

AI extract

What is this about?

This order allowed an application under Section 482 Cr.P.C. to quash a summoning and cognizance order dated 24.09.2021. The High Court held that the order was passed mechanically by filling details in a proforma without applying judicial mind, rendering it unsustainable under established law.

What did the court decide?

The summons/cognizance order dated 24.09.2021 set aside; matter remitted to Court below to pass order afresh.

Shabeena Vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 12849 of 2022

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Applicant :- Shabeena Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.M.Ayaz Ali Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Sri Ganga Bhushan Mishra, Advocate has filed Vakalatnama on behalf of opposite party no. 2 in Court today, which is taken on record.

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Heard learned counsel for the applicant, learned counsel for opposite party no. 2 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 entire proceedings of Criminal Case No. 17923/2021, Case Crime no. 403/2020, under Sections 420, 193 IPC, Police Station Civil Lines, District Aligarh pending in the court of Chief Judicial Magistrate, Aligarh, as well as for quashing of the charge-sheet dated 10.05.2021 and cognizance/summoning order dated 24.09.2021, passed in the aforesaid case.

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It has been argued by learned counsel for the applicant that FIR of impugned case has been lodged by making false and baseless allegations. As per prosecution version, applicant has submitted forged documents in the civil court regarding the shop of the complainant but the said court has not initiated any proceedings against applicant. It was submitted that the dispute is purely civil in nature. Learned counsel has referred the contents of FIR and statements of witnesses and submitted that no prima facie case is made out against the applicant. It has further been submitted that impugned summoning order has been passed on a printed proforma by merely filling the name of the applicant,

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other details of case like case number, crime number and police station etc. in the proforma, which clearly shows that this order 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 applicant.

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Perusal of record shows that the impugned summoning order dated 24.09.2021 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 judicial 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 24.09.2021, passed by the Chief Judicial Magistrate, Aligarh, 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

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Cr.P.C. is finally disposed of. Order Date :- 27.5.2022 Anand

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Digitally signed by ANAND VERMA Date: 2022.05.28 13:24:36 IST Reason: Location: High Court of Judicature at Allahabad

Shabeena v. State of U.P. and Another

Case brief

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Shabeena v. State of U.P. and Another

Case brief

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