Saleem vs State Of U.P. And Another
2021 Latest Caselaw 9936 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- APPLICATION U/S 482 No. - 10779 of 2021
 

 
Applicant :- Saleem
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Gyan Prakash Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Agarwal,J.

1. Heard Sri Santosh Kumar Singh, learned counsel for applicant and learned AGA for the State.

2. Sri Santosh Kumar Singh, learned counsel for the applicant submits that cognizance order dated 15.02.2020, passed by learned Judicial Magistrate 1st Bulandshahr, in Case No. 1417 of 2020 (State Vs. Asgar and others), arising out of Case Crime No.131 of 2018, under Sections 406 and 506 IPC, Police Station Aurangabad, District Bulandshahr is on a printed proforma and reveals non-application of mind while taking cognizance of the offence.

3. It has been submitted by learned counsel for the applicant that the learned Judicial Magistrate 1st, Bulandshahr did not apply his judicial mind at the time of passing the cognizance order against the applicant as the impugned cognizance 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. Certified copy of the impugned cognizance order is annexed as Annexure-3 to the affidavit which goes to show that the order has been passed on a printed proforma by filling up the blanks. Blanks on the printed proforma appear to have been filled by the court employee. Learned Judicial Magistrate 1st, Bulandshahr has simply put his initial over his name without applying his judicial mind before passing the said order.

5. The argument advanced on behalf of applicant has substance. The use of blanks printed proforma in passing the judicial order is not proper and the order of cognizance the applicant has been passed without application of judicial mind, which is substantiated by the fact that even the date has not been mentioned filling up the blanks which has been left in the rubber stamp for mentioning the date of appearance.

6. In view of the facts and circumstances of the case, stated above and the law laid down in case of Ankit (supra), the impugned cognizance order dated 15.02.2020, is hereby quashed. Learned court below is directed to pass a fresh order on the complaint after applying his judicial mind.

7. In above terms, petition is disposed off.

Order Date :- 9.8.2021

Krishna*