Allowed¶12

Karanvir Singh v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Allahabad HC24 Feb 2025A482/10596/2024

Case brief

AI extract

What is this about?

Section 482 CrPC quashing application; summoning order dated 16.03.2020 passed on printed proforma under Sections 177/171-A IPC despite charge-sheet under Section 174-A IPC (FIR initially under Section 392 IPC); non-application of mind in summoning order; Criminal Case No. 4752 of 2020, charge-sheet No. A246 (01) of 2017 dated 11.12.2017, FIR No. 544 of 2017, P.S. Mishrikh, District Sitapur; application allowed, summoning order set aside, remand to trial court for fresh order within one month; reliance on State of Gujarat v. Girish Radhakishan Varde, AIR 2014 SC 620; Allahabad High Court, Lucknow Bench; Rajeev Singh, J.; decided 24.2.2025.

What did the court decide?

Summoning order dated 16.03.2020 set aside; matter remanded to the trial court to pass a fresh order within one month. ¶12

Karanvir Singh Vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Summoning order dated 16.03.2020 set aside; matter remanded to the trial court to pass a fresh order within one month.

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Issue for consideration

Whether the entire proceedings of Criminal Case No. 4752 of 2020 (State v. Karanvir Singh), arising out of charge-sheet No. A246 (01) of 2017 dated 11.12.2017 under Section 174-A IPC in pursuance of FIR/Case Crime No. 544 of 2017, and the summoning order dated 16.03.2020 passed by the Additional Chief Judicial Magistrate, Sitapur under Sections 177/171-A IPC, ought to be quashed under Section 482 CrPC.

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Court's answer

Since the Investigating Officer submitted the charge-sheet under Section 174-A IPC while the trial court passed the summoning order under Sections 177/171-A IPC on a printed proforma, the summoning order discloses non-application of mind and is liable to be set aside.

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Ratio / Principle

The application under Section 482 CrPC is allowed; the summoning order dated 16.03.2020 is set aside and the matter is remanded to the trial court to pass a fresh order within one month in light of the discussions and the Apex Court judgment relied upon by the applicant's counsel.

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Detailed headnote1 paragraphs

Application under Section 482 CrPC (Karanvir Singh v. State of U.P.), Allahabad High Court, Lucknow Bench (Rajeev Singh, J.), decided 24.2.2025: FIR/Case Crime No. 544 of 2017 (Police Station Mishrikh, District Sitapur) was, per counsel, lodged under Section 392 IPC; on investigation, charge-sheet No. A246 (01) of 2017 dated 11.12.2017 was submitted under Section 174-A IPC. The trial court, taking cognizance, passed a summoning order dated 16.03.2020 under Sections 177/171-A IPC on a printed proforma, notwithstanding that the charging section in the charge-sheet was Section 174-A IPC. The High Court held that the proforma summoning order disclosed non-application of mind, allowed the application, set aside the summoning order, and remanded the matter to the trial court to pass a fresh order within one month, in light of State of Gujarat v. Girish Radhakishan Varde, AIR 2014 SC 620, relied upon by the applicant's counsel; the learned A.G.A. raised no objection to setting aside the summoning order and remanding.

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Neutral Citation No. - 2025:AHC-LKO:11684

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 10596 of 2024

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Applicant :- Karanvir Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Divya Prakash,Mohd. Shahid Akhtar Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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

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The present application under Section 482 CrPC has been filed with the following prayer :

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"(i) To quash the entire proceedings of CriminalCase No.4752 of 2020 (State Vs. Karanvir Singh), arising out of charge-sheet No.A246 (01) of 2017 dated 11.12.2017 in pursuance of Case Crime No./First Information Report No.544 of 2017, under Sections 174-A I.P.C., relating to Police Station Mishrikh, District Sitapur pending before learned Chief Judicial Magistrate, Sitapur as well as summoning order dated 16.03.2020 passed by learned Additional Chief Judicial Magistrate, Sitapur, contained as Annexure Nos.1 and 2."

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Learned counsel for applicant submitted that though the FIR in question was lodged against the applicant under Section 392 I.P.C. but after investigation charge-sheet was submitted by the Investigating Officer under Section 174-A I.P.C. He further submits that the trial court had taken cognizance on the aforesaid charge-sheet and has passed the summoning order dated 16.03.2020 under Section 177/171-A I.P.C. on a printed proforma in most mechanical manner. It is vehemently submitted by the learned counsel for applicant that as it was obligatory on the part of court below to summon the applicant under the charging sections mentioned in the charge-sheet and thus the trial court committed error in passing the summoning order. In support of his submission, he relies upon the judgement of Apex Court in the case of State of Gujarat Vs. Girish Radhakishan Varde : AIR 2014 SC 620 .

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Learned A.G.A. vehemently opposes the prayer of the applicant but he does not dispute the fact that the chargesheet was submitted by the Investigating Officer against applicant under Section 174-A I.P.C. and the trial court has passed the summoning order under Section 177/171-A I.P.C.. Learned A.G.A. further submits that he has no objection in case the summoning order is set aside and the matter is remanded back to the court below to pass an order afresh.

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Considering the submissions of the learned counsel for the applicant, learned A.G.A. and going through the contents of the FIR, charge-sheet submitted by the Investigating Officer, summoning order passed by court below as well as the judgement of the Apex Court referred above, it is evident that the FIR of the case in question was lodged for the offences under Section 392 I.P.C. and the Investigating Officer on the basis of evidence collected during the course of investigation submitted charge-sheet under Section 174-A I.P.C. However, while taking cognizance on the same, trial court passed the summoning order under Section 177/171-A I.P.C. on a printed proforma, which clearly reveals that there is non-application of mind in passing the summoning order. Thus, this Court is of the view that the impugned summoning order is liable to be set aside.

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In view of the discussions made above, present application under Section 482 CrPC is allowed . The summoning order dated 16.03.2020 passed by court below is set aside. The matter is remanded back to the trial court to pass an order afresh within a period of one month in the light of the discussions made herein above and also in the light of the judgement of the Apex Court relied upon by the learned counsel for applicant.

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Order Date :- 24.2.2025. Rks.

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Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Karanvir Singh v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Case brief

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Karanvir Singh v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Case brief

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