Allahabad High Court
Ajay Yadav vs State Of U.P. Thru. Prin. Secy. ... on 6 August, 2022
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 14
Case :- APPLICATION U/S 482 No. - 5214 of 2022
Applicant :- Ajay Yadav
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another
Counsel for Applicant :- Sudhir Kumar Srivastava,Gauri Suwan Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Gauri Suwan Pandey, 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 Code of Criminal Procedure, 1973 has been filed with the prayer to quash the Criminal Case No. 21775 of 2019 (State Vs. Mansha Ram and others) arising out of Case Crime No. 663 of 2018, under Sections 427, 308, 352 of I.P.C., registered at Police Station- Chinhat, District- Lucknow, pending in the Court of Additional Chief Judicial Magistrate-Ist, Lucknow.
Learned counsel for the applicant submits that the first information report has been lodged on the basis of false and frivolous allegations. The present first information report is nothing but to abuse of process of law only to harass the applicant. It is next submitted that without any fair investigation, charge sheet has been submitted. It is further submitted that the cognizance/ summoning order dated 15.04.2019 has been passed by the court concerned without applying judicial mind on printed proforma and the Additional 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 15.04.2019 and 15.07.2019 passed by the Additional Chief Judicial Magistrate-I, Lucknow is hereby quashed and the matter is remitted to the Additional Chief Judicial Magistrate-I, Lucknow 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 :- 6.8.2022
Ishan
