Partly allowed

Rameshvar v. State of U.P. and Another

Allahabad HC26 May 2022A482/6612/2022

Case brief

AI extract

What is this about?

The Single Judge allowed the applicant's application under Section 482 Cr.P.C. in part. The Court set aside a summoning order and cognizance order passed by the Special Judge (SC/ST Act) due to lack of application of mind and the use of a cyclostyled copy, remanding the matter to the Magistrate for fresh orders.

What did the court decide?

Impugned summoning and cognizance order set aside; matter remanded to Magistrate for fresh orders.

Rameshvar 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. - 6612 of 2022

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Applicant :- Rameshvar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicant 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 of the charge-sheet dated 23.04.2021 as well as cognizance order dated 19.07.2021 in S.S.T. No. 87 of 2021, arising out of Case Crime No. 36 of 2021, under Section 323, 504, 506 I.P.C. and Section 3(1) (द), 3(1) (ध) and 3(2) (Va) SC/ST Act, Police Station Pinahat, District Agra (State Vs. Rameshvar), pending in the court of Special Judge (SC/ST Act), Agra.

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Counsel for the applicant 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 impugned order dated 19.07.2021, passed by Special Judge, (SC/ST Act), Agra, is set aside and the matter is remanded to

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the concerned Magistrate for passing fresh orders of summoning and cognizance if it deems fit. 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 :- 26.5.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.05.27 10:31:23 IST Reason: Location: High Court of Judicature at Allahabad

Rameshvar v. State of U.P. and Another

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Rameshvar v. State of U.P. and Another

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