Vikas Yadav And 2 Others vs State Of U.P. And Another
2021 Latest Caselaw 9519 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- APPLICATION U/S 482 No. - 8083 of 2021
 

 
Applicant :- Vikas Yadav And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sangam Lal Kesharwani,Ajay Kumar Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Gautam Chowdhary,J.

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

The present 482, Cr.P.C. application has been filed for quashing of the entire criminal proceedings of Case No. 5119 of 2018 (State Vs. Vikash Yadav and others) pending in the court of C.J.M. Shahjahanpur, under sections 323, 504, 506 IPC and section 3(1)10 SC/ST Act, P.S. Kotwali, District Shahjahanpur including the charge sheet No. 01 dated 23.2.2018.

Counsel for the applicant 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 8.6.2018 passed by Chief Judicial Magistrate, Shahjahanpur is set aside and the matter is remanded before the Chief Judicial Magistrate, Shahjahanpur for passing fresh orders of summoning and cognizance if it deems fit.

Consequently, the application is allowed in part and the order dated 8,6,2018 is set aside in terms of the order passed above.

Let a copy of this order be sent to the Chief Judicial Magistrate, Shahjahanpur for its compliance as stated above.

Order Date :- 4.8.2021/RPD