Vivek Baliyan And Another vs State Of U.P. And Another
2022 Latest Caselaw 21206 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 
Case :- APPLICATION U/S 482 No. - 40887 of 2022
 
Applicant :- Vivek Baliyan And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ajay Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dr. Gautam Chowdhary,J.

The present application u/s 482 Cr.P.C. has been filed challenging the cognizance/summoning order dated 11.09.202019 passed by learned Chief Judicial Magistrate, District Baghpat in Case No. 3466 of 2019 (State Vs. Vivek) arising out of Case Crime No. 180 of 2019 under Sections 420, 406, 506 I.P.C. and Section 138 of Negotiable Instruments Act, Police Station Baraut, District Baghpat and also to quash the proceedings of the aforesaid case.

Counsel for the applicant 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 dated 11.09.2019 is set aside and the matter is remanded before the concerned Magistrate for passing fresh orders of summoning and cognizance if it deems fit.

Consequently, the application is allowed in part and the impugned order dated 11.09.2019 is set aside 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 :- 15.12.2022/S.Ali