Kishan Jaiswal (Minor) vs State Of U.P. And Another
2023 Latest Caselaw 2840 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 69
 

 
Case :- APPLICATION U/S 482 No. - 1509 of 2023
 

 
Applicant :- Kishan Jaiswal (Minor)
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Kanhaiya Lal Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Samit Gopal,J.

List revised.

Heard Sri Sandeep Kumar Pandey, Advocate, holding brief of Sri Kanhaiya Lal Tiwari, learned counsel for the applicant, Sri B.B. Upadhyay, learned State counsel and perused the record.

This application u/s 482 Cr.P.C. has been filed by the applicant Kishan Jaiswal (Minor) with the prayer to quash the charge sheet dated 25.11.2022, cognizance as well as summoning order dated 21.12.2022 in Criminal Case No. 132 of 2022 (State vs. Kishan Jaiswal) arising out of Case Crime No. 412 of 2022, under Section 354A I.P.C. and 7/8 POCSO Act, Police Station Mehndawal, District Sant Kabir Nagar, pending in the Juvenile Justice Board, Sant Kabir Nagar, and with the further prayer to stay the further proceedings of the aforesaid case.

Learned counsel for the applicants has drawn the attention of the Court to the summoning order, the copy of which is annexed at page no. 46 to the paper book. It is argued that the same is on a printed proforma without application of mind. It is argued that from perusal of the order dated 21.12.2022, it is apparent that the same is on a printed proforma in which the Section, Police Station, Case No., name of the accused are kept blank and have been filed by ink along with next date for appearance of the accused whereas all the other contents of the order are previously printed. It is argued that the same clearly demonstrates that there has been total non application of mind by the concerned trial court and the order taking cognizance and summoning the accused is thus bad in the eyes of law.

Learned counsel for the State though opposed the prayer for quashing but could not dispute the fact that the order taking cognizance and summoning the accused dated 21.12.2022 is on a printed proforma with blank spaces of the relevant things which have been filled in ink.

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.

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 order dated 21.12.2022 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 a period of three weeks from the date of production of a certified copy of this order.

(Samit Gopal,J.)

Order Date :- 27.1.2023

Naresh