Partly allowed

Sudhir Agarwal and 5 Others v. State of U.P. and Another

Allahabad HC3 Dec 2022A482/35843/2022

Case brief

AI extract

What is this about?

This application, filed under Section 482 CrPC, sought to quash a summoning order dated 18.04.2021 for being passed without application of mind and on a cyclostyled copy. Relying on precedents, the High Court set aside the impugned order and remanded the matter for fresh orders.

What did the court decide?

The impugned summoning order dated 18.04.2022 is set aside and the matter is remanded to the lower court for fresh orders.

Sudhir Agarwal and 5 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 35843 of 2022

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Applicant :- Sudhir Agarwal And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lal Dev,Shikhar Tandon Counsel for Opposite Party :- G.A.,Om Prakash Singh

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Hon'ble Dr. 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 quash the impugned summoning order dated 18.04.2021, passed by the learned Judicial Magistrate, FTC (Woman), Ajamgarh as well as entire criminal proceeding in Case No.1180 of 2022 (State Vs. Sudhir Agarwal and Ors.) pending before the learned Judicial Magistrate, FTC (Woman), Ajamgarh, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 of the Dowry Prohibition Act, arising out of Case Crime No.182 of 2021, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 of the Dowry Prohibition Act, Police Station- Atraulia, District- 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.

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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

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impugned order dated 18/04/2022 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. Order Date :- 3.12.2022 Sachin/-

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Digitally signed by SACHIN TIWARI Date: 2022.12.03 16:52:00 IST Reason: Location: High Court of Judicature at Allahabad

Sudhir Agarwal and 5 Others v. State of U.P. and Another

Case brief

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Sudhir Agarwal and 5 Others v. State of U.P. and Another

Case brief

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