Suresh Kumar Khandelwal And ... vs State Of U.P. And Another
2023 Latest Caselaw 2376 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 69
 

 
Case :- APPLICATION U/S 482 No. - 1666 of 2023
 

 
Applicant :- Suresh Kumar Khandelwal And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vinod Singh,Ashutosh Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Samit Gopal,J.

List revised.

Heard Sri Vinod Singh, 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-Suresh Kumar Khandelwal and Ajay Taneja with the prayer to quash the charge sheet no.327 of 2020, dated 13.10.2020, cognizance order dated 1.1.2021 and proceedings of Case No.84 of 2021 (Sate Vs. Anil Paliwal and others), arising out of Case Crime No.604 of 2018, u/s 420, 465, 468, 120-B IPC, P.S. Hari Parvat, District Agra pending in the court of learned Chief Judicial Magistrate, Agra.

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 sub-ordinate court has passed summoning order on 01.01.2021 which is annexure 13 to the affidavit which is on a printed proforma by filling up the name of the applicants and other details which shows that there is total non application of mind. It is argued that no offence is made out against the applicants.

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

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 01.01.2021 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 01.01.2021 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.

(Samit Gopal, J.)

Order Date :- 23.1.2023

Gaurav