Partly allowed

Dinesh Pal Alias Dinesh Kumar Pal v. State of U.P. and Another

Allahabad HC19 Apr 2023A482/11304/2023

Case brief

AI extract

What is this about?

Applicant sought quashing of criminal proceedings and a summoning order sent on a printed proforma. The court invalidated the mechanical order for lack of judicial mind but allowed the prosecution to proceed via fresh orders from the magistrate.

What did the court decide?

Impugned order dated 01.10.2020 taking cognizance and summoning is quashed. Magistrate directed to pass fresh orders within 15 days.

Dinesh Pal Alias Dinesh Kumar Pal Vs State… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 11304 of 2023

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Applicant :- Dinesh Pal alias Dinesh Kumar Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Chandra Yadav,Sanatan Kumar Counsel for Opposite Party :- G.A.

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Hon'ble J.J. Munir,J.

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Heard Mr. Ramesh Chandra Yadav, learned Counsel for the applicant and Mr. Shashi Shekhar Tiwari, learned A.G.A. appearing on behalf of the State.

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The applicant has come up, seeking to quash the entire proceedings of Criminal Case No. 1061 of 2020, State v. Akhilesh Sonkar and others (arising out of Case Crime No. 153 of 2017), under Sections 147, 148, 149, 307, 353, 332, 354, 393, 504, 506, 323, 34, 427 of the Indian Penal Code, 1860, Section 7 Criminal Law (Amendment) Act, 2013 and Section 3/5 of the Prevention of Damage to Public Property Act, 1984, Police Station Manda, District Prayagraj, pending in the Court of the Judicial Magistrate, Court No. 4, Allahabad, and also the summoning order dated 01.10.2020 passed in the case by the Judicial Magistrate, Court No. 4, Allahabad.

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Upon a perusal of the summoning order dated 01.10.2020 passed by the Judicial Magistrate, Court No. 4, Allahabad, this Court finds that the order has been passed on a printed proforma, with blanks that have been filled up. It is apparent, from a reading of the order, that it has been passed with the least application of mind.

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This Court, on a number of occasions, has deprecated this practice of Magistrates and Judges, who take cognizance of charge-sheet

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etc., passing orders, taking cognizance and summoning the accused on a printed proforma, with blanks filled up. This is again an instance of the same kind.

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The learned Sessions Judge, Allahabad shall look into the matter and ensure that Magistrates and Judges in his judgeship, who have to take cognizance and pass orders or issue process, do not do it on a printed proforma.

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In any case, the impugned order dated 01.10.2020 taking cognizance on a printed proforma cannot be sustained. This Court notices that the case has not yet been committed and is pending for the purpose of ensuring presence of the accused. Quashing of the impugned order on a technical ground would, therefore, not prejudice the prosecution.

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In the result, this application is allowed in part and the impugned order dated 01.10.2020 taking cognizance and summoning the applicant to stand trial is hereby quashed .

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It is clarified that it shall be open to the Magistrate concerned to pass appropriate orders taking cognizance on the basis of the charge-sheet. If he does that, it shall be open to the applicant to question the proceedings through a fresh application. The Magistrate shall pass fresh orders within a period of fifteen days from the date of receipt of a copy of this order.

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Let this order be communicated to the Judicial Magistrate, Court No. 4, Allahabad, through the learned Sessions Judge, Allahabad by the Registrar (Compliance).

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Order Date :- 19.4.2023 I. Batabyal

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Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad

Dinesh Pal Alias Dinesh Kumar Pal v. State of U.P. and Another

Case brief

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Dinesh Pal Alias Dinesh Kumar Pal v. State of U.P. and Another

Case brief

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