Deep Raj Gupta vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 5297 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 3779 of 2022
 

 
Applicant :- Deep Raj Gupta
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Anr.
 
Counsel for Applicant :- Abhishek Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

The present application has been filed challenging the summoning order dated 29.09.2018, bailable warrant dated 18.04.2022 passed by learned Chief Judicial Magistrate, Faizabad, District Faizabad/Ayodhya and for setting aside the charge sheet no.228 of 2018, dated 20.05.2018 in Criminal Case No.17329 of 2018 arising out of Case Crime No.0205 of 2018, under Sections 428, 406, 504 IPC at Police Station Kotwali Ayodhya, District Faizabad/Ayodhya as well as entire criminal proceedings.

Submission of counsel for the petitioner is that the summoning order has been passed in mechanical manner as it does not disclose any application of mind and has been transcribed on a cyclostyle paper. He places reliance on the judgment of this Court in the case of Smt. Rubina Khan v. State of U.P. & Anr. (Application U/S 482 No.7854 of 2021) passed on 10.08.2021 wherein this Court had reprimanded the manner of summoning and had recorded that the summoning order should reflect the application of mind.

Considering the fact that the summoning order dated 29.09.2018 prima-facie does not disclose any application of mind, the same is set aside placing reliance on the judgment of this Court in the case of Smt. Rubina Khan (supra). The trial Court shall be at liberty to pass fresh orders in accordance with law.

The present application is accordingly disposed off.

Order Date :- 20.6.2022

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