Allahabad High Court
Vishal And 3 Others vs State Of U.P. And Another on 25 March, 2021
Bench: Ravi Nath Tilhari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 91
Case :- APPLICATION U/S 482 No. - 6192 of 2021
Applicant :- Vishal And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Pankaj Kumar Tyagi
Counsel for Opposite Party :- G.A.
Hon'ble Ravi Nath Tilhari,J.
Heard Sri Pankaj Kumar Tyagi, learned counsel for the applicants and learned A.G.A. Sri C.P. Singh for the State and perused the material on record.
For the order proposed to be passed notice to the opposite party No.2 is being dispensed with.
By means of this application under Section 482 Cr.P.C. the applicants have prayed to quash the proceedings of State Case No. 1616 of 2021 (State Vs. Vishal and three others) arising out of Case Crime No. 63 of 2020 under Sections 498A, 323, 504 IPC and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Meerut and charge sheet dated 1.11.2020 along with order of cognizance dated 1.2.2021 pending before the learned Civil Judge (Junior Division) & F.T.C. as contained in Annexure No.8.
Learned counsel for the applicants submits that the order under challenge has been passed on printed proforma merely filling the blank spaces by hand. His submission is that the Magistrate has passed stereotyped order and has not applied judicial mind while taking cognizance. He placed reliance upon the judgment of this Court in the case of Pooja Vs. State of U.P. and another in application under Section 482 No. 31824 of 2019 decided on 11.9.2019.
Submission is that under the circumstances the Magistrate may be directed to pass a fresh order in accordance with law after due application of mind to the material available before the Magistrate.
Learned A.G.A. has not been able to dispute that the cognizance order has been passed on printed proforma which reveals non application of mind to the material submitted to the Magistrate along with the charge sheet.
In the case of Pooja (supra) this Court after considering the judgment in the case of Ankit Vs. State of U.P. and others JIC 2010 (1) 430, has held that the summoning of an accused in a criminal case is a serious matter. The order must reflect that the Magistrate applied his mind to the material on record as well as the law applicable thereto. The practice of passing of cognizance order on printed proforma has been deprecated.
Considering the aforesaid facts and the law, the order of cognizance dated 1.2.2021 cannot be legally sustained. The order under challenge is hereby set aside and the matter is remitted to concerned Magistrate to pass a fresh speaking order in accordance with law, on due application of judicial mind, expeditiously, and preferably within a period of two months, from the date of production of copy of this order before the cout concerned.
Learned counsel for the applicants undertakes that the applicants shall duly submit copy of this order before the court concerned within a period of 15 days from today.
The present application under section 482 Cr.P.C. is partly allowed in the aforesaid terms.
No orders as to costs.
It is made clear that this Court has not entered into the merits of the case.
Order Date :- 25.3.2021
Manish Tripathi
