Tejram @ Tejiram vs State Of U.P. And Another
2018 Latest Caselaw 3481 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- APPLICATION U/S 482 No. - 39185 of 2018
 

 
Applicant :- Tejram @ Tejiram
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Rohit Nandan Pandey,Sanjeev Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Siddharth,J.

Heard Shri S.K. Pandey learned counsel for the applicant and learned A.G.A. for the State.

This application under section 482 Cr.P.C. has been filed to quash the charge sheet dated 12.6.2017 under section 409 I.P.C. in case crime no. 247 of 2017 P.S. Kosi Kalan District Mathura and summoning order dated 25.8.2017 as well as order issuing N.B.W. dated 17.10.2018 passed by the J.M. Chhata (Mathura)

The argument is that the Judicial Magistrate, Chhata (Mathura) while passing the order dated 25.8.2017 under section 409 I.P.C. taking cognizance in the matter has not applied his judicial mind as the order has been passed on the printed proforma by filling up the blanks, hence the order is bad in law.

Learned A.G.A. has not disputed this fact.

After considering the rival submissions, it is apparent that the said order has been passed on a printed proforma by filling in the blanks, which shows that Magistrate did not apply his mind before taking cognizance in the matter. As the said order taking cognizance has been passed on a printed proforma by filling in the blanks, hence the said order is wholly illegal and invalid and cannot be sustained.

In view of the above, this application is allowed and the order impugned dated 25.8.2017 passed by the Judicial Magistrate, Chhata (Mathura) on the printed proforma is hereby set aside and matter is sent back to the court concerned to pass a fresh order in accordance with law.

Order Date :- 31.10.2018

Atul kr. sri.