Allowed

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

Allahabad HC21 Jun 2023A482/19592/2023

Case brief

AI extract

What is this about?

This application challenged a summoning order passed on a cyclostyled proforma with ink-filled details. Relying on A. Jani v. State, the court deprecated such orders lacking application of mind. The impugned order was set aside and remanded to pass a fresh order within three weeks.

What did the court decide?

Summoning order dated 21.11.2020 set aside; matter remanded to pass fresh order within three weeks.

Prem Singh Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:127772

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Court No. - 49

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Case :- APPLICATION U/S 482 No. - 19592 of 2023

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Applicant :- Prem Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chand Saroj 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 Neeraj Srivastava holding brief of Sri Prem Chandra Saroj, learned counsel for the applicant and Sri Anoop Kumar Mishra, learned State counsel and perused the record.

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The present application under Section 482 has been filed by the applicant – Prem Singh with the prayer to allow this application and quash the entire proceedings of the Case No. 6086 of 2020 (C.N.R. UPGB04049796 of 2020) (State Vs. Prem Singh and others) arising out of Chargesheet No. 02 of 2020 dated 17.12.2019 in Case Crime No. 0757 of 2019, under Section 448 IPC and 3 Prevention of Damages to Public Property Act, 1984, Police Station Phase-II, Disttrict Gautam Budh Nagar, as well as, impugned summoning order dated 21.11.2020 and bailable warrant dated 03.09.2022 passed by Additional Chief Judicial Magistrate, IIIrd, Gautam Budh Nagar and with a further prayer to stay the further proceedings of the aforesaid case, during the pendency of the present application.

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Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the entire allegations as levelled against the applicant are false and concocted. It is argued that the concerned trial court has passed summoning order on 21.11.2020 which is annexure - 6 to the affidavit which is on a printed proforma by filling up the name of the applicant and other details with ink which shows total non application of mind. It is argued that no offence is made out against the applicant.

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Per contra, learned counsel for the State opposed the prayer for quashing but could not dispute that the summoning order has been passed on a printed proforma.

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After having heard learned counsel for the parties and perusing the records, it is evident that it has been held that order of printed proforma cannot be passed and the said system of passing such orders have been deprecated. The summoning order dated 21.11.2020 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 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 21.11.2020 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 court concerned to pass fresh order in accordance with law within three weeks from today.

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Order Date :- 21.6.2023 Mukesh Kr.

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( Samit Gopal,J.)

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Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad

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

Case brief

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

Case brief

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