The High Court allowed an application under Section 482 CrPC to quash a print-proforma summoning order due to lack of application of mind and remanded the matter to the trial court for a fresh order.
Summons order dated 2.2.2018 set aside and matter remanded to trial court to pass fresh order within three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:108422
Court No. - 77
Case :- APPLICATION U/S 482 No. - 10282 of 2024
Applicant :- Ram Shankar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Daga,Saumya Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
been deprecated. The summoning order dated 2.2.2018 passed in the present matter is on a cyclostyled proforma in which the details have been filled with ink.
"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:-
1. 2000 ILR (Kar) 4773, Vijaya Bank Vs. State.
2. 2010(9) ADJ 594, Abdul Rasheed Vs. State of U.P. & another.
3. 2009 (67) ACC 532, Ankit Vs. State of U.P. & another.
4. 2010 (3) ADJ 622, Saurabh Dewana Vs. State of U.P."
(Samit Gopal, J.)
Order Date :- 4.7.2024 Gaurav Kuls
Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether a summoning order passed on a printed/cyclostyled proforma without application of mind is sustainable under Section 482 CrPC
Whether the impugned summoning order should be quashed and the matter remanded under Section 482 CrPC
Colour shows how this judgement treated each authority
Amit Jani vs. State of U.P. and othersFollowed¶7
(2020) 5 ADJ 1
2000 ILR (Kar) 4773, Vijaya Bank Vs. StateReferred¶15
2010(9) ADJ 594, Abdul Rasheed Vs. State of U.P. & anotherReferred¶16
2009 (67) ACC 532, Ankit Vs. State of U.P. & anotherReferred¶17
2010 (3) ADJ 622, Saurabh Dewana Vs. State of U.P.Referred¶18
1 provisions across 1 enactments
Ram Shankar and 2 Others
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
