Shiv Kumar Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Shiv Kumar Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with liberty to the applicant to appear before the learned Trial Court, where his bail will be considered on the same day, and thereafter liberty to file a discharge application to be considered in accordance with law.

Issue for consideration

Whether the charge sheet dated 27.02.2020 and cognizance order dated 17.07.2020 passed by the Chief Judicial Magistrate, Bulandshahr, along with further proceedings of Case No. 3047 of 2020 (State Vs. Shiv Kumar), arising out of Case Crime No. 689 of 2019 under Sections 420, 406 I.P.C., are bad in law for want of application of mind and liable to be quashed.

Court's answer

The Section 482 application is disposed of with the observation that the applicant will appear before the learned Trial Court, his bail will be considered on the same day, and thereafter he will have liberty to file a discharge application, which will be considered in accordance with law.

Ratio / Principle

Taking note that the case arises out of a police report, there is no need for this Court to pass a detailed order on the quashing challenge.

Key takeaways

This Court has deprecated the approach of passing orders in printed format.obiter¶15

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Shyam Shamshery, J.) — Application U/S 482 No. 35492 of 2024 by Shiv Kumar seeking quashing of further proceedings in Case No. 3047 of 2020 (State Vs. Shiv Kumar), arising out of Case Crime No. 689 of 2019 under Sections 420, 406 I.P.C., Police Station Sikandrabad, District Bulandshahr, together with the charge sheet dated 27.02.2020 and the cognizance order dated 17.07.2020 of the Chief Judicial Magistrate, Bulandshahr. Second round of litigation: an earlier writ (WritA No. 13846 of 2020) had been disposed of on 01.08.2024 with liberty to file afresh with better particulars. Ground urged: cognizance order lacks application of mind and is contrary to Delhi Race Club (1940) Ltd. Vs. State of U.P., 2024 SCC OnLine SC 2248. Learned A.G.A. opposed, contending the application was belated and that the applicant could raise all arguments in a discharge application since the case arises out of a police report. Held: since the case arises out of a police report, no detailed order was required; application disposed of with the observation that the applicant will appear before the learned Trial Court, his bail will be considered the same day, and he will thereafter have liberty to file a discharge application to be considered in accordance with law. The Court deprecated the approach of passing orders in printed format.

Neutral Citation No. - 2025:AHC:107693

Court No. - 5

Case :- APPLICATION U/S 482 No. - 35492 of 2024

Applicant :- Shiv Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavanesh Kumar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Shyam Shamshery,J.

Heard learned counsel for petitioner and learned A.G.A. for State.

The applicant has approached this Court to say the further proceedings of Case No.3047 of 2020 (State Vs. Shiv Kumar), arising out of Case Crime No.689 of 2019 under Section 420, 406 I.P.C., Police Station- Sikandrabad, District- Bulandshahr pending in the Court of learned Chief Judicial Magistrate, Bulandshahr as well as charge sheet 27.02.2020 along with the cognizance order dated 17.07.2020 passed by Chief Judicial Magistrate, Bulandshahr.

This is second round of litigation.

This Court has passed following order on 01.08.2024 in WritA No.13846 of 2020 :-

"This application is pending since 2020 and was filed to challenge the charge-sheet and cognizance order, however, neither the summoning order has been placed on record nor it has been challenged, therefore, in present form of application, no relief could be granted since the Court has to scrutinize whether learned Magistrate has rightly applied his mind or not.

In the aforesaid circumstances this application is disposed of with liberty to applicant to file afresh with better particulars, if cause still survive and advised. "

In pursuance of above order, now present application is being filed on ground that impugned order is bad in law since application of mind is not reflected as well as it is in the teeth of Delhi Race Club (1940) Ltd. and others Vs. State of U.P. and others, 2024 SCC OnLine SC 2248 .

Learned A.G.A. for State submits that this application is filed at belated stage and it is a case arising out of police report, therefore, applicant will have a liberty to make all the argument by way of filing discharge application.

I have considered the above submission and perused the record. The argument may have some substance, however, taking note that it is a case arising out of police report, therefore, there is no need to pass any detail order.

This Court has depreciated the approach of passing order in printed format, however, still considering that matter is very old, therefore, this application is disposed of with an observation that applicant will appear before the learned Trial Court and his bail will be considered on the same day and thereafter he will have liberty to file the discharge application and the same will be considered in accordance with law.

Order Date :- 8.7.2025 P. Pandey

Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad