Masroor Jamal vs State Of U.P. And Another
2023 Latest Caselaw 12882 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 

 
Case :- APPLICATION U/S 482 No. - 15038 of 2023
 

 
Applicant :- Masroor Jamal
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Rakesh Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Samit Gopal,J.

1. List revised.

2. Heard Sri Rakesh Kumar Mishra, learned counsel for the applicant and Sri Sanjay Kumar Singh, learned State counsel and perused the record.

3. This application under Section 482 has been filed by the applicant - Masroor Jamal with the prayer to allow the present application and quash the entire criminal proceeding including the impugned charge-sheet dated 23.10.2019 as well as cognizance/summoning order dated 11.6.2020 passed by Civil Judge (S.D.)/F.T.C., Rampur in Criminal Case No.115 of 2022 (State Vs. Masroor Jamal), arising out of Case Crime No. 460 of 2019, u/S 406, 420, 504 and 506 IPC, P.S. Ganj, District Rampur, pending in the court of learned Civil Judge (S.D.)/F.T.C., Rampur and further with the prayer to stay the further proceeding of aforesaid case during the pendency of the present application before this Hon'ble court and/or to pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case. Otherwise, applicant shall suffer grave irreparable loss and injury.

4. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the entire allegations as levelled against the applicant are false and concocted. It is argued that charge sheet in the present matter has been submitted without any cogent evidence. The concerned trial court has passed summoning order on 11.6.2020 which is annexed as Annexure-5 to the affidavit which is on a printed proforma by filling up the name of the applicant and other details which shows that there is total non application of mind. It is argued that no offence is made out against the applicant.

5. Per contra, learned counsel for the State vehemently opposed the prayer for quashing.

6. Time and again, it has been held that orders of printed proforma cannot be passed and the said system of passing such orders have been deprecated. The summoning order dated 11.6.2020 passed in the present matter is on a cyclostyled proforma in which the details have been filled with ink.

7. In the case of Amit Jani vs. State of U.P. and others: (2020) 5 ADJ 1, a Division Bench of this Court has held as follows:-

"The passing of orders in printed proforma/cyclostyled formats have been deprecated by various High Courts including this court as they do not reflect application of mind. Reference is made to the following judgments:-

1. 2000 ILR (Kar) 4773, Vijaya Bank Vs. State.

2. 2010(9) ADJ 594, Abdul Rasheed Vs. State of U.P. & another.

3. 2009 (67) ACC 532, Ankit Vs. State of U.P. & another.

4. 2010 (3) ADJ 622, Saurabh Dewana Vs. State of U.P."

8. Looking to the facts and circumstances of the case and without going into the merits of the case as of now, the summoning order dated 11.6.2020 is hereby set aside.

9. The present application is allowed to this extent.

10. The matter is remitted to the court below to pass fresh order in accordance with law within three weeks from today.

Order Date:- 26.4.2023

CS/-

(Samit Gopal,J.)