Udal vs State Of U.P. And Another
2021 Latest Caselaw 10014 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- APPLICATION U/S 482 No. - 12759 of 2021
 

 
Applicant :- Udal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Aditya Narayan Shukla,Rakesh Narain Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Gautam Chowdhary,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This application has been filed with a prayer to to quash the summoning order dated 18.12.2020 as well as the further proceedings of Case No. 10748 of 2019 arising out of Case Crime No. 192 of 2019, under sections 3/4 of Prevention of Damages Public Property Act, 1984, P.S. Kotwali ehat, District Mirzapur pending in the court of learned C.J.M. Mirzapur including the charge sheet dated 6.8.2019.

Counsel for the applicants confines his arguments to the first part of the submission that the summoning order is bereft of application of mind and has been passed on the cyclostyled copy. He thus argues that the summoning order suffers from the vice of non-application of mind and therefore is liable to be set aside on that ground alone. In support of his submission, he placed reliance on the judgment of the Supreme Court in the case of Megh Nath Gupta & another Vs. State of U.P. and another, 2008 (62) ACC 826 as well as Single Judge judgment and order passed by this Court in the case of Ankit Vs. State of U.P. and another [(2009) (9) ADJ 778] on an Application No. 19647 of 2009 filed under Section 482 CrPC on 15.10.2009. He, thus, argues that the summoning order is liable to be set aside in view of the well settled law of this Court. He also placed before me several orders passed by this Court whereby similar orders have been set aside by this Court and the matters have been remanded before the Trial Court for fresh orders in accordance with law. A perusal of the summoning order impugned in the present proceedings clearly demonstrates that there was no application of mind whatsoever prior to the passing of the summoning order, which has been repelled by this Court in various judgments.

In view of the categorical pronouncements of this Court, the impugned order dated 18.12.2020 passed by C.J.M. Mirzapur is set aside and the matter is remanded before the C.J.M. Mirzapur for passing fresh orders of summoning and cognizance if it deems fit.

Consequently, the application is allowed in part and the order dated 18.12,2020 is set aside in terms of the order passed above.

Let a copy of this order be sent to the C.J.M. Mirzapur for its compliance as stated above.

Order Date :- 10.8.2021

RPD