Paresh Rastogi And Another vs State Of U.P. Thru. Addl. Cief ...
2023 Latest Caselaw 13443 ALL

Citation : 2023 Latest Caselaw 13443 ALL
Judgement Date : 28 April, 2023

Allahabad High Court

Paresh Rastogi And Another vs State Of U.P. Thru. Addl. Cief ... on 28 April, 2023

Bench: Shree Prakash Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 
Case :- APPLICATION U/S 482 No. - 3933 of 2023
 

 
Applicant :- Paresh Rastogi And Another
 
Opposite Party :- State Of U.P. Thru. Addl. Cief Secy. Deptt. Of Home Lko. And Another
 
Counsel for Applicant :- Aarohi Bhalla,Sunil Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Supplementary Affidavit filed today by learned counsel for the applicants is taken on record .

Heard learned counsel for the applicants, Sri Aniruddh Kumar Singh, learned A.G.A. for the State and perused the material placed on record.

Instant application has been filed with prayer to quash the impugned report under sec. 173(2) Cr.P.C. i.e. the Chargesheet and summoning order dated 05.12.2019 passed by the Learned Court of Chief Judicial Magistrate, Lucknow in case no. 94998 of 2019 vide F.I.R. No. 240/18 under section 406, 420, 504, 506 IPC PS- Hazratganj, District-Lucknow and to stay the further proceeding in case no. 94998 of 2019 vide F.I.R. No. 240/18 under section 406, 420, 504, 506 IPC PS- Hazratganj, District-Lucknow.

Learned counsel appearing for the applicants submits that the summoning order dated 05.12.2019 has been passed on a proforma and fill in the blanks has been done by the Magistrate and thus, there is no application of judicial mind, while issuing of summons. He next added that the coordinate bench of this Court has settled this controversy and has passed the judgment wherein, this practices have been deprecated. He submits that the summoning order is on proforma and thus, the same may be set aside.

Learned A.G.A appearing for the State has no objection to the submission aforesaid.

In view of the aforesaid submission, the summoning order dated 05.12.2019, is hereby set aside and the matter is remitted back to the Magistrate concerned to pass a fresh order within a period of thirty five days, from the date of this order.

With the aforesaid submissions, instant application is hereby allowed.

Learned counsel for the applicants are also directed to submit a copy of this order within a period of a week before the trial court.

Order Date :- 28.4.2023

Mayank