Partly allowed

Atul Saxena v. State of U.P. and Another

Allahabad HC20 Feb 2023A482/3912/2023

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC, the court held that summoning orders passed on printed proformas/cyclostyled formats without applying mind are deprecated. The impugned summoning order dated 25.6.2022 was set aside and remanded.

What did the court decide?

Summoning order dated 25.6.2022 set aside; matter remanded to trial court to pass fresh order within three weeks.

Atul Saxena Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 3912 of 2023

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Applicant :- Atul Saxena Opposite Party :- State of U.P. and Another Counsel for Applicant :- Balram Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Balram Mishra, learned counsel for the applicant, Sri Raj Kumar Gupta, learned State counsel and perused the record.

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This application under Section 482 has been filed by the applicantAtul Saxena with the prayer to quash the entire proceeding of charge sheet no.180 of 2021 dated 12.8.2021 in pursuance of Criminal Case No.632 of 2022 (State Vs. Atul Saxena) arising out of case crime no.80 of 2021, u/s 323, 353, 332, 504, 506 IPC, P.S. Kila, District Bareilly pending in the court of A.C.J.M-II Bareilly as well as summoning order dated 25.6.2022 and further to stay the further proceedings of aforesaid case.

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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 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 25.06.2022 which is annexure 5 to the affidavit which is on a printed proforma by filling up the name of the applicant and other details which shows that there is 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 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 25.06.2022 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 25.6.2022 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 :- 20.2.2023 Gaurav

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

Atul Saxena v. State of U.P. and Another

Case brief

What is this about?

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Atul Saxena v. State of U.P. and Another

Case brief

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