Partly allowed

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

Allahabad HC21 Apr 2022A482/2635/2018

Case brief

AI extract

What is this about?

The Special Bench allowed an application under Section 482 Cr.P.C. to set aside a summons and cognizance order dated 16.05.2017 passed by the Special Judge, Bulandshahar, as it was based on a cyclostyled copy and lacked application of mind, remanding the matter for fresh orders.

What did the court decide?

Impugned summons and cognizance order dated 16.05.2017 set aside and matter remanded to Special Judge, Bulandshahar for fresh orders.

Bablu and Another Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 2635 of 2018

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Applicant :- Bablu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Agarval,Kamal Kumar Singh Counsel for Opposite Party :- G.A.,Sanjay Srivastava

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicant, Sri Sanjay Srivastava, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

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The present application u/s 482 Cr.P.C. has been filed for quashing the charge sheet as well as cognizance/summoning order dated 16.05.2017 passed by learned Special Judge (SC/ST) Act/Additional District and Sessions Judge, Court No. 13, Bulandshahar in Special Case No. 388 of 2017 (State Vs. Bablu and another) arising out of Case Crime No. 92 of 2017, under Sections 427, 504, 506 I.P.C. and Sections 3 (1) 10 SC/ST Act, PS Aurangabad, District Bulandshahar, pending before learned Special Judge (SC/ST) Act/Additional District and Sessions Judge, Court No. 13, Bulandshahar.

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Counsel for the applicant confines his arguments to the first part of the submission that the summoning/cognizance 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

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judgments.

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In view of the categorical pronouncements of this Court, the impugned order dated 16.05.2017 passed by learned Special Judge (SC/ST) Act/Additional District and Sessions Judge, Court No. 13, Bulandshahar is set aside and the matter is remanded to the concerned Special Judge 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 :- 21.4.2022 AKT

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Digitally signed by ASHOK KUMAR TRIPATHI Date: 2022.04.25 10:37:29 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

What is this about?

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

Case brief

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