Allowed

Ramesh Singh v. State of U.P. and Another

Allahabad HC14 Feb 2022A482/4092/2021

Case brief

AI extract

What is this about?

This court quashed the summoning order dated 18.06.2020 passed under Section 482 Cr.P.C. holding that it was illegal as it was mechanically passed using a printed proforma. The court held the Magistrate had not applied judicial mind to the evidence before summoning the applicant.

What did the court decide?

The summoning order dated 18.06.2020 is quashed and the lower court is directed to pass a fresh summoning order as per law.

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

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Court No. - 34

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Case :- APPLICATION U/S 482 No. - 4092 of 2021

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Applicant :- Ramesh Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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

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The present application under Section 482 Cr.P.C. has been filed for quashing chargesheeet dated 31.08.2018 as well as summoning order dated 18.06.2020 in Case No.1338 of 2020 (State vs. Vikash Singh and others) arising out of case crime no.165 of 2020, under Sections 294, 504 and 506 I.P.C., P.S. Kotwali, District Jaunpur.

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Ground taken is that summoning order/cognizance order has been passed on the typed proforma which is against the soul of statute. This order transpires that lower court has not used its judicial mind in passing the order. Hence, the prayer for quashing the summoning order has been made by the applicant.

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Learned A.G.A. opposed the prayer of the applicant.

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So far as the argument that the cognizance order has been on a printed proforma is concerned, although it has been held by this Court in the case of Megh Nath Gupta & another Vs. State of U.P. and another, 2008 (62) ACC 826 that the Magistrate is not required to pass detailed reasoned order at the time of taking cognizance on the charge-sheet, but it does not mean that order of taking cognizance can be passed by filling up the blanks on printed proforma. At the time of passing any judicial order including the order taking cognizance on the charge-sheet, the

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court is required to apply its judicial mind and even the order of taking cognizance cannot be passed in mechanical manner. Hon'ble Apex Court in the cases of Harischandra Prasad Mani and others Vs. State of Jharkhand and another (2007) 15 Supreme Court Cases 494, Fakhruddin Ahmad Vs. State of Uttaranchal and another (2008) 17 Supreme Court Cases 157 and Ankit Vs. State of U.P. and others, U.P. Criminal Report 2009 (3) 427 has established that if the order on printed proforma is passed it establishes that the Magistrate concerned has not applied his mind to the evidence on record in order to take cognizance of the offence concerned.

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In the present case also the summoning/cognizance order has been passed by the Magistrate concerned on a printed proforma just by putting his initials on the order, which clearly shows that the Magistrate concerned has not applied his judicial mind and has not gone through the material collected by the Investigating Officer against the applicant in the case.

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The result is that the order impugned dated 18.06.2020, which has been passed by filling up the blanks on the printed proforma is illegal, incorrect and improper, which cannot be sustained. Hence, the summoning/cognizance order dated 18.06.2020 is liable to be quashed.

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Without going into the merits of the case summoning order dated 18.06.2020 is hereby quashed. The lower court is directed to pass a fresh summoning order as per law.

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The application under Section 482 Cr.P.C. is allowed accordingly.

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Order Date :- 14.2.2022 Asha

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Digitally signed by ASHA Date: 2022.02.17 09:43:01 IST Reason: Location: High Court of Judicature at Allahabad

Ramesh Singh v. State of U.P. and Another

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Ramesh Singh v. State of U.P. and Another

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