Kalyan Prajapati And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 3245 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 69
 

 
Case :- APPLICATION U/S 482 No. - 2859 of 2023
 

 
Applicant :- Kalyan Prajapati And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vinay Kumar Pal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Samit Gopal,J.

List revised.

Heard Sri Vinay Kumar Pal, learned counsel for the applicant and Sri Raj Kumar Gupta, learned State counsel and perused the record.

The present application under Section 482 has been filed by the applicants - Kalyan Prajapati, Anand Prajapati and Ravendra with the prayer to allow this application and quash the entire further proceedings in pursuance of impugned summoning order dated 23.11.2022 passed by the learned Judicial Magistrate, Baberu, District Banda in Case No. 1150/IX of 2022 (State Vs. Kalyan Prajapati and others), arising out of case crime No. 155 of 2022, under Sections 323, 325 IPC, P.S. Kamasin, District Banda, pending in the court of learned Judicial Magistrate, Baberu, District Band and with a further prayer to stay the further proceedings of the aforesaid case, during the pendency of the present application.

Learned counsel for the applicants argued that the applicants has been falsely implicated in the present case. It is argued that the entire allegations as levelled against the applicants are false and concocted. It is argued that the concerned trial court has passed summoning order on 23.11.2022 which is annexure 11 to the affidavit which is on a printed proforma by filling up the name of the applicants and other details which shows that the totally non application of mind. It is argued that no offence is made out against the applicants.

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

After having heard learned counsel for the parties and perusing the records, it is evident that it has been held that order of printed proforma cannot be passed and the said system of passing such orders have been deprecated. The summoning order dated 23.11.2022 passed in the present matter is on a cyclostyled proforma in which the details have been filled with ink.

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."

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 23.11.2022 is hereby set aside.

The present application is allowed to this extent.

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

Order Date :- 1.2.2023

M. ARIF

(Samit Gopal, J.)