Partly allowed

Sanjeev Tomar and Another v. State of U.P. and Another

Allahabad HC27 Apr 2023A482/15184/2023

Case brief

AI extract

What is this about?

The High Court set aside a summoning order passed in a criminal case on a printed cyclostyled proforma, holding that such orders reflect a total lack of application of mind. The matter was remanded to the trial court to pass a fresh order.

What did the court decide?

Set aside the summoning order dated 29.04.2019 and remanded the matter to the trial court to pass a fresh order within three weeks.

Sanjeev Tomar and Another Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 15184 of 2023

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Applicant :- Sanjeev Tomar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Sagar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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1. List revised.

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Heard Sri Shiv Sagar Singh, learned counsel for the applicants, Sri Ankit Srivastava, learned State counsel and perused the record.

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This application under Section 482 has been filed by the applicants-Sanjeev Tomar and Jeet Singh Tomar with the prayer to quash the Charge Sheet No. 01 dated 4.1.2019 as well as cognizance order dated 29.4.2019 passed by Addl. Chief Judicial Magistrate, Court No. 04 in Crl. Case No. 2581 of 2021, u/s 420, 506, 406, 467, 468, 471 IPC, P.S. Medical College, District Meerut and further to stay the further proceedings of aforesaid case.

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Learned counsel for the applicant argued that the applicants have been falsely implicated in the present case. It is argued that the entire allegations as levelled against the applicants are false and concocted. It is argued that charge sheet in the present matter has been submitted without any cogent evidence. The concerned trial court has passed summoning order on 29.04.2019 which is annexure 3 to the affidavit which is on a printed proforma by filling up the name of the applicants and other details which shows that there is total non application of mind. It is argued that no offence is made out against the applicants.

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Per contra, learned counsel for the State vehemently opposed the prayer for quashing.

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Time and again, it has been held that orders of printed proforma cannot be passed and the said system of passing such orders have been deprecated. The summoning order dated 29.04.2019 passed in the present matter is on a cyclostyled proforma in which the details have been filled with ink.

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In the case of Amit Jani vs. State of U.P. and others: (2020) 5 ADJ 1 , a Division Bench of this Court has held as follows:-

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"The passing of orders in printed proforma/cyclostyled formats

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have been deprecated by various High Courts including this court as they do not reflect application of mind. Reference is made to the following judgments:-

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1. 2000 ILR (Kar) 4773, Vijaya Bank Vs. State.

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2. 2010(9) ADJ 594, Abdul Rasheed Vs. State of U.P. & another.

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3. 2009 (67) ACC 532, Ankit Vs. State of U.P. & another.

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4. 2010 (3) ADJ 622, Saurabh Dewana Vs. State of U.P."

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Looking to the facts and circumstances of the case and without going into the merits of the case as of now, the summoning order dated 29.04.2019 is hereby set aside.

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The present application is allowed to this extent.

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The matter is remanded back to the trial court to pass fresh order in accordance with law within three weeks from today.

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(Samit Gopal, J.)

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Order Date :- 27.4.2023 Gaurav

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Sanjeev Tomar and Another v. State of U.P. and Another

Case brief

What is this about?

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Sanjeev Tomar and Another v. State of U.P. and Another

Case brief

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