Afzal Khan vs State Of U.P. And Another
2022 Latest Caselaw 1845 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 86
 

 
Case :- APPLICATION U/S 482 No. - 9369 of 2021
 

 
Applicant :- Afzal Khan
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sushil Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Gautam Chowdhary,J.

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

This application has been filed with a prayer to to quash the proceeding of Case NO. 1822/9 of 2019 State Vs. Afzal Khan) Case Crime no. 143 of 2019, under section 420, 465 IPC, P.S. Shahpur, District Muzaffar Nagar as well as the charge sheet dated 23.8.2019 and order of cognizance dated 20.11.2019 passed by J.M.-II. Muzaffarnagar.

Counsel for the applicants 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 dated20.11.2019 is set aside and the matter is remanded before the concerned court below for passing fresh orders of summoning and cognizance if it deems fit.

Consequently, the application is allowed in part in terms of the order passed above.

Let a copy of this order be sent to the concerned Court below for its compliance as stated above.

Order Date :- 29.4.2022

RPD