Allowed

Sonu and Another v. State of U.P. and Another

Allahabad HC28 Mar 2023A482/43528/2022

Case brief

AI extract

What is this about?

This judgment sets aside a vague cognizance order passed without application of mind or reasons. The court held that such orders passed on a printed proforma are void, relying on Vishnu Kumar Gupta, and directed the lower court to pass a fresh reasoned order within two months.

What did the court decide?

The cognizance order dated 27.09.2022 is set aside. The Additional Chief Judicial Magistrate is directed to pass a fresh speaking and reasoned order within two months.

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

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 43528 of 2022

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Applicant :- Sonu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Rajesh Sharma, learned counsel for the applicants and Mr. Amit Singh Chauhan, learned A.G.A.-I for the State.

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The present application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire proceeding of Criminal Case No. 1014 of 2022, arising out of Charge sheet No. 301 of 2022 dated 25.07.2022 and cognizance order dated 27.09.2022, under section 452, 323, 504, 506 IPC (State Vs. Sonu and others) in Case Crime No. 0261 of 2022, Police Station Dibai, District Bulandshahar pending in the court of Additional Chief Judicial Magistrate, Anoopshahar (Bulandshahar).

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Today, learned counsel for the applicants has confined his relief to set aside the cognizance order dated 27.09.2022. Learned counsel for the applicants submits that the cognizance order dated 27.09.2022 has been passed by the Additional Chief Judicial Magistrate, Anoopshahar (Bulandshahar) without applying his judicial mind on a printed format and the same is vague, ambiguous and nullity. He next submits that the perusal of the cognizance order indicates that except for directing the office to summon the applicants, absolutely no reasons have been mentioned in support thereof. He further submits that it is settled law that every orders are to be judged on reasons recorded therein. He therefore, submits that cognizance order be set aside.

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Learned A.G.A. does not dispute the correctness of the submissions made by the learned counsel for the applicants and he has no objection if the cognizance/summoning order is set aside.

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I have considered the submissions made by the learned counsel for the parties and have gone through the records of the present application. It is an admitted position that the cognizance/summoning order dated 15.02.2021 has been passed without application of mind on a printed format. Such cognizance/summoning orders passed on a printed proforma has

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already been set aside by this Court while passing a detail order dated 11th January, 2020 in Application U/S. 482 No. 41617 of 2019 (Vishnu Kumar Gupta & Another Vs. State of U.P. & Another).

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Accordingly, for the reasons recorded in the case of Vishnu Kumar Gupta (Supra), cognizance/summoning order dated 27.09.2022 is set aside. The Additional Chief Judicial Magistrate, Anoopshahar (Bulandshahar), after perusing the entire records shall pass a fresh speaking and reasoned order, in accordance with law, preferably within two months from the date of production of a certified copy of this order.

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With the aforesaid directions/observations, this application stands allowed .

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Office is directed to sent a copy of this order to the Additional Chief Judicial Magistrate, Anoopshahar (Bulandshahar) within a week.

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Order Date :- 28.3.2023 Arti

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Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad

Sonu and Another v. State of U.P. and Another

Case brief

What is this about?

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Sonu and Another v. State of U.P. and Another

Case brief

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