Ganesh @ Babloo Pandey @ Ganesh ... vs Satate Of U.P.
2021 Latest Caselaw 8332 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- APPLICATION U/S 482 No. - 12321 of 2021
 

 
Applicant :- Ganesh @ Babloo Pandey @ Ganesh Mishra
 
Opposite Party :- Satate Of U.P.
 
Counsel for Applicant :- Manoj Kumar
 

 
Hon'ble Vivek Agarwal,J.

1. Heard Sri Manoj Kumar, learned counsel for petitioner.

2. Sri Manoj Kumar submits that petitioner is assailing the order/notice dated 09.06.2021 passed by the Sub-Divisional Magistrate, Gola, District-Gorakhpur in Case No. Nil of 2021 (State vs. Ganesh @ Babloo Pandey @ Ganesh Mishra) under Sections 107/116 Cr.P.C. is on a printed proforma and reveals that non-application of mind while taking cognizance of the offence. He places reliance on the decision of this Court in Application U/S 438 No. 5525 of 2020 and 13883 of 2020 and prays for quashing of the summoning order.

3. It has been submitted by learned counsel for the applicant that the Sub-Divisional Magistrate did not apply his judicial mind at the time of passing the summoning order against the applicant as the impugned order/notice 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 order/notice is annexed as Annexure-1 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 Sub-Divisional Magistrate 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 summoning 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 Vs. State of U.P. & Another(supra), the impugned order/notice dated 09.06.2021, 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 :- 20.7.2021

Vikram/-