Allowed

Deepu Singh and 3 Others v. State of U.P. and Another

Allahabad HC30 Jan 2023A482/37360/2022

Case brief

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What is this about?

The Allahabad High Court quashed a lower court order dated 03.04.2019 under Section 482 Cr.P.C. because it was passed on a printed proforma without assigning specific allegations to the accused, violating legal standards.

What did the court decide?

The order dated 03.04.2019 and the entire proceeding in Criminal Case No.2784/2019 are quashed. The lower court is directed to pass a fresh detailed order within one month.

Deepu Singh and 3 Others 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. - 37360 of 2022

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Applicant :- Deepu Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devendra Dahma Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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By means of this application under Section 482 Cr.P.C., the applicants seek to invoke the inherent jurisdiction of this Court to quash the order dated 03.04.2019. Further, the entire proceeding of Criminal Case No.2784/2019 (State Vs. Deepu Singh and others) arising out of Case Crime No.188/2017, under Sections 279, 337, 338, 427, 332, 353 I.P.C., P.S. Rasulabad, District Kanpur Dehat, pending in the court of learned Chief Judicial Magistrate 1st Kanpur Dehat are also prayed to be quashed.

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It is argued by the learned counsel for the applicants that the order has been passed on a printed proforma just by filling up the blanks which shows that the officer concerned neither went through the documents nor applied his mind while passing the order so the prayer is made to quash the order dated 03.04.2019.

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Learned A.G.A. did not dispute the aforesaid legal position.

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A perusal of the record clearly shows that the order dated 03.04.2019 has been passed on a printed proforma after filling the names of the accused and sections of the offence, no specific allegation assigning to the accused has been mentioned.

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The Division Bench of this Court in Criminal Misc. Writ Petition No. 16386 of 2020 (Shiv Kumar Verma and another Vs. State of U.P. and other) decided on 11.06.2021 has prohibited such type of practice. Thus, the order dated 03.04.2019 passed by the Chief Judicial Magistrate 1st Kanpur Dehat is hereby quashed.

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The application under Section 482 Cr.P.C. is, accordingly, allowed .

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The lower court is directed to pass a fresh detailed order in this regard on the basis of law laid down above within a period of

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one month from the date of producing the certified copy of this order.

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Order Date :- 30.1.2023 Shivangi

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Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad

Deepu Singh and 3 Others v. State of U.P. and Another

Case brief

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Deepu Singh and 3 Others v. State of U.P. and Another

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