Quashed

Rajat Mishra v. State of U.P. and Another

Allahabad HC1 Aug 2024A482/23789/2024

Case brief

AI extract

What is this about?

This court quashed the cognizance order dated 08.12.2020 passed by the trial court because it was based on a printed proforma, rendering the order impermissible as it lacked the necessary application of judicial mind. The applicant was directed to lodge a fresh application before the trial court.

What did the court decide?

Order dated 08.12.2020 for taking cognizance is set aside and trial court directed to pass order afresh.

Rajat Mishra vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:123504

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Court No. - 82

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Case :- APPLICATION U/S 482 No. - 23789 of 2024

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Applicant :- Rajat Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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As requested by the learned counsel for the applicant, he is permitted to delete the name of opposite party during the course of the day.

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Heard learned counsel for the applicants, learned A.G.A. for State and perused the record.

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The present application has been filed by the applicant with prayer to allow the present application and quash the cognizance order dated 8.12.2020 as well as entire proceedings of Criminal Case No. 2774 of 2020 arising out of Case Crime No. 203 of 2020, under Sections 147, 323, 325, 504 IPC, Police Station Bansi, District Siddharth Nagar, pending in the court of Judicial Magistrate, Bansi, Siddharth Nagar.

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It is submitted by learned counsel for the applicant that in this case, F.I.R. was lodged against the applicant with false allegation regarding marpeet and abuse. The Investigating Officer did not collect sufficient material but submitted charge sheet before the learned trial court. On the basis of which cognizance was also taken by the learned trial court vide order dated 08.12.2020 which is on printed proforma which shows that without application of judicial mind, the learned trial court passed the order of cognizance, therefore, request to set aside the order passed by the learned trial court and also the entire proceedings of the case.

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Learned A.G.A. opposed the aforesaid prayer but could not dispute the fact that cognizance was taken on printed proforma.

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On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant, perusal of

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record, the order passed by the learned trial court on 08.12.2020 for taking cognizance of the offence, it appears that it is on printed proforma which is not permissible under law, therefore, it is liable to be set aside. As a result order dated 08.12.2020 for taking cognizance is hereby set aside and learned trial court is directed to pass the order afresh in accordance with law while applying its judicial mind.

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Accordingly, this application is disposed of finally.

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Order Date :- 1.8.2024 Anurag Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

Rajat Mishra v. State of U.P. and Another

Case brief

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Rajat Mishra v. State of U.P. and Another

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