Partly allowed

Akash Kumar @ Aashu Shukla and 5 Others v. State of U.P Thru. Secy. Home Deptt. Civil Secrt. Lko. and 4 Others

Allahabad HC24 May 2023/1275/2023

Case brief

AI extract

What is this about?

The Allahabad High Court quashed a cognizance/summoning order and non-bailable warrant issued on a printed proforma filled with blanks. The Court held that such mechanical orders, without application of judicial mind, are objectionable under the CrPC and settled judicial norms, remitting the matter for a fresh order.

What did the court decide?

Quashed the impugned cognizance/summoning order dated 24.8.2021 and the non-bailable warrant dated 14.11.2022; remitted matter to trial court for fresh order.

Akash Kumar @ Aashu Shukla and 5 Others Vs State… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:36997

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Court No. - 28

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Case :- CRIMINAL APPEAL No. - 1275 of 2023 Appellant :- Akash Kumar @ Aashu Shukla and 5 others Respondent :- State of U.P Thru. Secy. Home Deptt. Civil Secrt. Lko. and 4 others Counsel for Appellant :- Kumar Ayush Counsel for Respondent :- G.A.,Mohit Kishor Awasthi

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Hon'ble Shree Prakash Singh,J.

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1. Notice was issued to the opposite party nos. 2 to 5 and Sri Mohit Kishor Awasthi, learned counsel filed vakalatnama on behalf of them.

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2. Case called out.

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3. None appeared on behalf of the opposite party nos. 2 to 5.

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4. In the aforesaid circumstances, the Court is proceeding to hear the matter in absence of him.

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5. Heard Sri Kumar Ayush, learned counsel for the appellant, Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State and perused the material on record.

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6. Instant appeal has been preferred against the cognizance/summoning order dated 24.8.2021 and the order dated 14.11.2022 issuing non bailable warrant against the appellants along with charge sheet dated 12.6.2021 in F.I.R. No.0046 of 2021 passed by Special Judge, SC/ST Act/Additional District and Sessions Judge, Court No.2, Unnao in Crime No./F.I.R. No.0046 of 2021 under Sections 147, 323, 504, 506, 324, 325, 171-F I.P.C. and Sections 3(1) (A) of SC/ST Act, registered at P.S. Barasagwar, District Unnao.

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7. Learned counsel for the appellant submits that impugned summoning order dated 24.8.2021 has been passed on proforma, which is against the settled proposition of law propounded by the co-ordinate Bench of this Court. He added that overtly, there is filling up in the blanks of the order dated 24.8.2021, which is already deprecated in several Judgments and verdicts of this Court. It appears that trial court did not apply its mind while passing the order dated 24.8.2021. In support of his contention, he has also placed reliance on a Judgment rendered in Application U/S 482 No.11334 of 2021, Pankaj Jaiswal Vs. State of U.P. and another, and relevant paragraphs of that Judgment are extracted as under:-

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" In view of the above, this Court finds and observes that the conduct of the judicial officers concerned in passing orders on printed proforma by filling up the blanks without application of judicial mind is objectionable and deserves to be deprecated. The summoning of an accused in a criminal case is a serious matter and the order must reflect that Magistrate had applied his mind to the facts as well as law applicable thereto, whereas the impugned summoning order was passed in mechanical manner without application of judicial mind and without satisfying himself as to which offence were prima-facie being made out against the applicants on the basis of the allegations made by the complainant. the impugned cognizance order passed by the learned Magistrate is against the settled judicial norms.

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In light of the judgments referred to above, it is explicitly clear that the order dated 18.03.2020 passed by the Chief Metropolitan Magistrate, Kanpur Nagar is cryptic and does not stand the test of the law laid down by the Hon'ble Apex Court. Consequently, the cognizance order dated 18.03.2020 cannot be legally sustained, as the Magistrate failed to exercise the jurisdiction vested in him resulting in miscarriage of justice.

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Accordingly, the present Criminal Misc. Application U/S 482 Cr.P.C succeeds and is allowed. The impugned cognizance order dated 18.03.2020 passed by the Chief Metropolitan Magistrate, Kanpur Nagar, is hereby quashed in Case No.9149 of 2020 (State of U.P. Vs. Pankaj Jaiswal & others) arising out of Case Crime No.1242 of 2017, under Sections 406, 420, 506 I.P.C., Police Station Chakeri, District Kanpur Nagar."

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8. Referring the aforesaid Judgment, he submits that it has been held by the co-ordinate Bench of this Court that passing of the order on printed proforma by filling up the blanks without applying judicial mind is objectionable and deserves to be deprecated. The summoning of an accused in a criminal case is serious matter and the order must reflect that Magistrate had applied his mind to the facts as well as law applicable thereto. He added that case of present appellant is also squarely covered with the ratio of the Judgment aforesaid, thus, submission is that summoning order dated 24.8.2021 and the order dated 14.11.2022 issuing non-bailable warrant may be quashed.

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9. Learned A.G.A. though has opposed submission aforesaid on merits but so far as passing of the order dated 24.8.2021 on printed proforma is concerned, he has no objection, if the matter is remitted back to the trial court concerned to pass fresh order.

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10. Having heard the learned counsel for the parties and after

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perusal of the records, it emerges that the order impugned dated 24.8.2022 has been passed filling up in blanks on the printed proforma, as such, prima facie, it seems that trial court has not applied its judicial mind. It is also settled law that passing order on printed proforma by filling up blanks would amount to be an order passed by the trial court without application of judicial mind.

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11. This Court has also taken note of the fact that the coordinate Bench of this Court has settled the law in case of Pankaj Jaiswal Vs. State State of U.P. and another (supra) that while passing of the order on printed proforma by filling up the blanks, without application of judicial mind is objectionable and deserves to the deprecated as summoning of accused in a criminal case is a serious matter and filling up the blanks shows that such order is passed in a mechanical manner.

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12. In view of the aforesaid submissions and discussions, the cognizance/summoning order dated 24.8.2021 and the order dated 14.11.2022, issuing non bailable warrant against the appellants are hereby quashed.

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13. The matter is remitted back to the trial court concerned with the direction to pass fresh order within fifteen days from the date of production of certified copy of this order.

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14. The office is directed to communicate this order to the court concerned forthwith.

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15. Instant application is allowed accordingly.

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Order Date :- 24.5.2023 Ram Murti

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Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench

Akash Kumar @ Aashu Shukla and 5 Others v. State of U.P Thru. Secy. Home Deptt. Civil Secrt. Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

Akash Kumar @ Aashu Shukla and 5 Others v. State of U.P Thru. Secy. Home Deptt. Civil Secrt. Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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