Allahabad High Court
Kiran Pal Singh vs State Of U.P. And Anr on 18 May, 2022
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 86
Case :- APPLICATION U/S 482 No. - 10676 of 2018
Applicant :- Kiran Pal Singh
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Pankaj Kumar Tyagi
Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Order on Criminal Misc. Amendment Application No. 1 of 2022.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant amendment application has been filed for amending the prayer to challenge the cognizance order dated 18.01.2018 passed by the learned Additional Chief Judicial Magistrate, Aligarh.
Accordingly, the amendment application has been allowed.
Order on Memo of Application.
The present application u/s 482 Cr.P.C. has been filed for quashing the cognizance order dated 18.01.2018 passed by the learned Additional Chief Judicial Magistrate, Aligarh in Case No. 93 of 2018 (State versus Kiran Pal Singh) arising out of Case Crime No. 322 of 2017, under Sections 406, 504, 506 I.P.C., Police Station-Tappal, District-Aligarh, as well as 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 18.01.2018 is set aside and the matter is remanded to 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 :- 18.5.2022
SY
