Allahabad High Court
Mustaq Ahmad And 4 Others vs State Of U.P. And Another on 30 June, 2021
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 43
Case :- APPLICATION U/S 482 No. - 6594 of 2021
Applicant :- Mustaq Ahmad And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Akhilesh Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Matter taken up through video conferencing.
Heard SriAkhilesh Kumar Mishra, learned counsel for the applicants and Sri Devendra Kumar Singh, learned counsel for the State and perused the material on record.
Learned A.G.A. states that the matter can be heard and decided finally at this stage.
This Court, thus proceeds to hear and decide the matter finally at this stage.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash entire proceeding of Criminal Case No. 21093 of 2020 (State vs. Mustaq Ahmad and others) arising out of Case Crime No. 130 of 2020, under Section 379 I.P.C., Police Station Mehdawal, District Sant Kabir Nagar including charge sheet dated 13.07.2020 as well as cognizance order dated 08.12.2020 passed by learned Civil Judge (Senior Division) / Additional Chief Judicial Magistrate, Sant Kabir Nagar in the said case with a further prayer to stay the further proceedings of the said case during the pendency of the present application.
Learned counsel for the applicants has drawn the attention of the Court to the summoning order, the copy of which is annexed as Annexure-5 to the affidavit. It is argued that the same is on a printed proforma without application of mind. From perusal of the order dated 08.12.2020, it is apparent that the same is on a printed proforma in which the Section, Police Station, Case No., name of the accused is kept blank and has been filed by ink along with next date for appearanceof the accused whereas all the other contents of the order are previously printed. It is argued that the same clearly demonstrates that there has been total non application of mind by the concerned court below and the order taking cognizance and summoning the accused is thus bad in the eyes of law.
Learned counsel for the State though opposed the prayer for quashing and stay but could not dispute the fact that the order taking cognizance and summoning the accused dated 08.12.2020 is on a printed proforma with blank spaces of the relevant things which have been filled in ink.
Time and again, it has been held that orders of printed proforma cannot be passed and the said system of passing such orders have been deprecated.
In the case of Amit Jani vs. State of U.P. and others: (2020) 5 ADJ 1, this Court has held as follows:
The passing of orders in printed proforma/cyclostyled formats have been deprecated by various High Courts including this court as they do not reflect application of mind. Reference is made to the following judgments:-
1. 2000 ILR (Kar) 4773, Vijaya Bank Vs. State.
2. 2010(9) ADJ 594, Abdul Rasheed Vs. State of U.P. & another.
3. 2009 (67) ACC 532, Ankit Vs. State of U.P. & another.
4. 2010 (3) ADJ 622, Saurabh Dewana Vs. State of U.P.
Looking to the facts and circumstances of the case and without going into the merits of the case as of now, the order dated 08.12.2020 is hereby, set aside.
The application is allowed to this extent.
The matter is remanded back to the court below to pass fresh order in accordance with law.
The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner (s) along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.6.2021
AS Rathore
(Samit Gopal,J.)
