Yogesh Kumar And Another vs State Of U.P. And Another
2022 Latest Caselaw 15732 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 35324 of 2022
 

 
Applicant :- Yogesh Kumar And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mrityunjay Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dr. Gautam Chowdhary,J.

Heard learned counsel for the applicants, learned A.G.A. for the State

This application has been filed with a prayer to to quash the entire criminal proceeding as well as he charge sheet dated 5.1.2019 passed by A.C.J.M. Court No. 2, Aligarh in Case No. 53 of 2019 arising out of Crime No. 0021 of 2017, under section 63/65 Copy Right Act, PS. Gaunda, District Aligarh as well as cognizance order dated 5.1.2019.

Counsel for the applicants 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 5.1.2019 is set aside and the matter is remanded before 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 :- 2.11.2022

RPD