Jokhan Yadav And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 1278 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 69
 

 
Case :- APPLICATION U/S 482 No. - 1244 of 2023
 

 
Applicant :- Jokhan Yadav And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Surendra Mohan Mishra,Vishveshwar Mani Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Samit Gopal,J.

List revised.

Heard Sri Vishveshwar Mani Tripathi, learned counsel for the applicants, Sri Raj Kumar Gupta, learned State counsel and perused the record.

This application under Section 482 has been filed by the applicants Jokhan Yadav, Dalsigar Yadav and Rakesh Yadav with the prayer to allow the present application and quash the entire proceedings of Criminal Case No. 2090 of 2020 (State Vs. Rakesh and others) including charge sheet dated 13.07.2019 arising out of Case Crime No. 56 of 2019, under Sections 354, 323, 504, 506 IPC, Police Station Jogiya Udaypur, District Siddharth Nagar as well as summoning order dated 12.06.2020, pending in the court of learned Judicial Magistrate, Siddharth Nagar and with a further prayer to stay for the further proceedings in the aforesaid case.

Learned counsel for the applicants argued that the applicants have 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 charge sheet in the present matter has been submitted without any cogent evidence. The concerned trial court has passed summoning order on 12.06.2020 which is annexure 7 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.

Learned counsel for the State also opposed the prayer for quashing.

After having heard learned counsel for the parties and perusing the records, it is evident that the applicants are named in the First Information Report. There are evidence collected against them after which charge sheet has been submitted which has been summoned to face trial.

However, 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 12.06.2020 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 12.06.2020 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 :- 12.1.2023

M. ARIF

(Samit Gopal, J.)