HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 49 Case :- APPLICATION U/S 482 No. - 9872 of 2021 Applicant :- Ashok Kumar Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babu Lal Ram,Virendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Vivek Agarwal,J.
1. Sri Babu Lal Ram, learned counsel for the applicant and Sri Nagendra Srivastava, learned AGA for the State.
2. Learned counsel for the applicant presses for only relief that the summoning order has been passed by learned J.M. Saidpur, Ghazipur on 11.10.2019 without any application of mind. It is not mentioned as to under which provision cognizance is being taken and what is the material which was perused and forms bedrock of satisfaction for the court concerned to pass summoning order.
3. It has been submitted by learned counsel for the applicant that the Judicial Magistrate did not apply his judicial mind at the time of passing the summoning order against the applicant as the impugned summoning order has been passed on a printed proforma, which is not permissible under law. In support of his contention, learned counsel for the applicant has relied upon the judgment in the case of Ankit Vs. State of U.P. & Another; 2009 (9) ADJ 778.
4. In view of the facts and circumstances of the case, stated above and the law laid down in case of Ankit (supra), the impugned summoning order dated 11.10.2019, is hereby quashed.
5. Learned court below is directed to pass a fresh order on the complaint after applying his judicial mind.
6. In above terms, application is disposed off.
Order Date :- 26.7.2021 Ravi/-