Allowed

Manish Nishad v. State of U.P. and Another

Allahabad HC7 Aug 2023CRLA/7801/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an appeal against a cognizance order dated 5.10.2020 passed under SC/ST Act. The court quashed the order because it was merely filled on a printed proforma lacking specific allegations against the accused, citing a prior Division Bench prohibition on such practice. A fresh detailed order was directed within one month.

What did the court decide?

Cognizance order dated 5.10.2020 quashed. Trial court directed to pass fresh detailed order within one month.

Manish Nishad Vs State of U.P. and… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:158303

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Court No. - 84

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Case :- CRIMINAL APPEAL No. - 7801 of 2023 Appellant :- Manish Nishad Respondent :- State of U.P. and Another Counsel for Appellant :- Shashi Kant Shukla Counsel for Respondent :- G.A.

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

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

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This appeal u/s 14-A (1) of SC/ST Act has been preferred against the cognizance order dated 5.10.2020 passed by Special Judge (SC/ST Act) Kanpur Nagar whereby the appellant has been summoned to face trial in case crime no. 105 of 2020, under sections 323, 504, 506, 308 I.P.C. and section 3(2)(5a) of SC/ST Act, police station Bithoor District Kanpur Nagar.

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It is argued by the learned counsel for the appellant that the cognizance 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 accordingly.

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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 cognizance/ summoning order dated 5.10.2020 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. 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 cognizance/ summoning order dated 5.10.2020 passed by the Special Judge (SC/ST Act) Kanpur Nagar is hereby quashed.

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The present appeal is, accordingly, allowed.

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The trial court is directed to pass a fresh detailed order in this regard within a period of one month from the date of producing the certified copy of this order.

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Order Date :- 7.8.2023/

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Gss

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

Manish Nishad v. State of U.P. and Another

Case brief

What is this about?

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Manish Nishad v. State of U.P. and Another

Case brief

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