Nand Lal Patel vs State of U.P. and Another — Mining and Natural Resources | Allahabad HC (2025)

Nand Lal Patel vs State of U.P. and Another — Mining and Natural Resources | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Setting aside of the cognizance/summoning order dated 11.6.2020 passed by the Additional Chief Judicial Magistrate, Court no. 5, Allahabad, with liberty left to the said court to take fresh cognizance against the applicant in pursuance to strict procedure of law including the procedure defined under Mines and Minerals Act, 1957.

Issue for consideration

Whether the cognizance/summoning order dated 11.6.2020 passed by the Additional Chief Judicial Magistrate/Judicial Magistrate, Court no. 5, Allahabad, on a typed proforma, was passed in compliance with Section 190 Cr.P.C. and with application of judicial mind, and was therefore liable to be set aside.

Court's answer

The impugned cognizance/summoning order dated 11.6.2020 was passed by the Additional Chief Judicial Magistrate/Judicial Magistrate, Court no. 5, Allahabad without application of judicial mind and without complying the mandatory provisions of Sections 190 Cr.P.C.

Ratio / Principle

The impugned order dated 11.6.2020, being purely on a typed proforma which is not admissible in the eye of law, is hereby set aside.

Key takeaways

The setting aside of the impugned order will not preclude the learned court of Additional Chief Judicial Magistrate/Judicial Magistrate, Court no. 5, Allahabad from taking fresh cognizance against the applicant, in pursuance to strict procedure of law including the procedure defined under Mines and Minerals Act, 1957.ratio¶13

Detailed headnote1 paragraphs

Quashing application (Application U/S 528 BNSS No. 23838 of 2025) before the High Court of Judicature at Allahabad (Hon'ble Saurabh Srivastava, J., order dated 13.8.2025) seeking quashing of the cognizance/summoning order dated 11.6.2020 passed by the Additional Chief Judicial Magistrate, Court no. 5, Allahabad in Case no. 1013 of 2020, arising out of Case Crime no. 260 of 2019 (PS Ghoorpur, District Prayagraj; State vs. Bans Bahadur Yadav and another) under sections 3, 57, 70 of U.P. Miners Mineral (Concession) Rule, 1963, section 4/21 Mines & Mineral Act and Sections 379, 411 IPC, together with charge sheet no. 285 of 2019 dated 5.8.2019. Held: the impugned order was passed on a purely typed proforma, without application of judicial mind and without complying the mandatory provisions of Sections 190 Cr.P.C.; being not admissible in the eye of law, it was set aside, while expressly leaving the said magistrate court free to take fresh cognizance against the applicant in pursuance to strict procedure of law including the procedure defined under Mines and Minerals Act, 1957. Instant application partly allowed.

Neutral Citation No. - 2025:AHC:138561

Court No. - 77

Case :- APPLICATION U/S 528 BNSS No. - 23838 of 2025

Applicant :- Nand Lal Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Patel,Manoj Kumar Tiwari

Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the parties.

Present application has been preferred with the prayer to quash cognizance/summoning order dated 11.6.2020 passed by learned Additional Chief Judicial Magistrate, Court no. 5, Allahabad along with quash proceeding of Case no. 1013 of 2020 arising out of Case Crime no. 260 of 2019 under sections 3, 57, 70 of U.P.Miners Mineral (Concession) Rule, 1963 & section 4/21 Mines & Mineral Act & Section 379, 411 IPC as well as charge sheet no. 285 of 2019 (dated 5.8.2019), PS- Ghoorpur, District Prayagraj (State vs. Bans Bahadur Yadav and another).

At the very outset, learned counsel for applicant contended that in pursuance to FIR registered against the applicant, learned court concerned took cognizance and summoned the applicant vide impugned order dated 11.6.2020 but from perusal of the same order, it transpires that the concerned court took cognizance on printed proforma which is not in compliance of Section 190 Cr.P.C and therefore the same is liable to be quashed.

Per contra, learned AGA vehemently opposed the prayer sought through the instant application but could not dispute the aforesaid facts.

After hearing the rival submissions extended by learned counsels for the parties and perusing the entire record along with cognizance/summoning order dated 11.6.2020, this Court finds that the impugned order dated 11.6.2020 has been passed by learned Additional Chief Judicial Magistrate/Judicial Magistrate, Court no. 5, Allahabad without application of judicial mind and without complying mandatory provisions of Sections 190 Cr.P.C. Impugned order dated 11.6.2020 is purely on typed proforma

which is not admissible in the eye of law and as such impugned order dated 11.6.2020 is hereby set aside.

However, this order will not preclude the learned court of Additional Chief Judicial Magistrate/Judicial Magistrate, Court no. 5, Allahabad to take fresh cognizance against applicant, in pursuance to strict procedure of law including the procedure defined under Mines and Minerals Act, 1957.

The instant application stands partly allowed accordingly.

Order Date :- 13.8.2025 Shaswat

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