Allahabad High Court
Neeraj vs State Of U.P. Thru. Prin. Secy. ... on 5 August, 2022
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 14
Case :- APPLICATION U/S 482 No. - 5178 of 2022
Applicant :- Neeraj
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another
Counsel for Applicant :- Abhinav Srivastava,Rahul Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Abhinav Srivastava, learned counsel for the applicant and Sri Diwakar Singh, learned A.G.A. and perused the materials on record.
The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 3.12.2021 passed by the Ist Additional Sessions Judge, Faizabad in Criminal Revision No. 143 of 2021 by which cognizance/summoning order dated 12.02.2020, passed by Chief Judicial Magistrate, Faizabad in Criminal Case No. 2143 of 2020 (State Vs. Jugal Kishore Srivastava & Others) on 12.02.2020, has been affirmed.
Learned counsel for the applicant submits that the applicant has filed a Criminal Revision against the cognizance/summoning order dated 12.02.2020 passed by Chief Judicial Magistrate, Faizabad in Criminal Case No. 2143 of 2020 (State Vs. Jugal Kishore Srivastava and others) arising out of Case Crime No. 438 of 2019, under Sections 376-D, 506, 342, 328 of I.P.C., P.S. Kotwali Rudauli, District- Faizabad, which has been passed without applying judicial mind on printed proforma and the Chief Judicial Magistrate, made initial after filling the blanks of case by the employees of the office of concerned court, hence, the impugned charge-sheet, cognizance order and further proceedings pursuant thereto is an abuse of process of court.
In this regard learned counsel for the applicant has also relied upon judgment of this Court in Application U/S 482 No. 41617 of 2019 Vishnu Kumar Gupta and another Vs. State of U.P. and another decided on 11.11.2020, wherein this Court depricated the conduct of the judicial officers concerned in passing orders on printed proforma by filling up the blanks without application of judicial mind and in Application under Section 482 No. 19009 of 2021 (Pawan Kumar Vs. State of U.P. and two others) on 18.11.2021, issue raised in the present application under section 482 Cr.P.C. is squarely covered, therefore, present application deserves to be disposed of in the light of observations made in the aforesaid applications.
In view of above, the present application is disposed of finally.
The impugned order dated order dated 3.12.2021 passed by the Ist Additional Sessions Judge, Faizabad in Criminal Revision No. 143 of 2021 by which cognizance/summoning order dated 12.02.2020 has been affirmed and cognizance/ summoning order dated 12.02.2020 passed by Chief Judicial Magisstrate, Faizabad is hereby set aside and the matter is remitted to the Chief Judicial Magistrate, Faizabad to pass a fresh order in accordance with law after applying judicial mind within two weeks from the date of production of certified copy of this order.
Order Date :- 5.8.2022
Ishan
