Sandeep Singh vs State Of U.P. And Another
2023 Latest Caselaw 3168 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 69
 

 
Case :- APPLICATION U/S 482 No. - 2001 of 2023
 

 
Applicant :- Sandeep Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Upendra Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Samit Gopal,J.

List revised.

Heard Sri Upendra Kumar, learned counsel for the applicant and Sri B.B. Upadhyay, learned State counsel and perused the record.

The present application under Section 482 has been filed by the applicant - Sandeep Singh with the prayer to allow this application and quash the entire proceedings of the Case No. 1078/2021 (State Vs. Sandeep Singh) and impugned charge sheet No. 102/2020, dated 15.10.2020 in case crime No. 0062 of 2020, under Sections 419, 420, 467, 468, 471 IPC, P.S. Chakar Nagar, District Etawah as well as impugned cognizance order dated 05.01.2021 passed by Judicial Magistrate II, Etawah 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 applicant argued that the applicant has been falsely implicated in the present case. It is argued that the entire allegations as levelled against the applicant are false and concocted. It is argued that the applicant was appointed as Assistant Teacher in primary school vide order dated 01.09.2016. It is argued that the concerned trial court has passed summoning order on 05.01.2021 which is annexure 13 to the affidavit which is on a printed proforma by filling up the name of the applicant and other details which shows that the totally non application of mind. It is argued that no offence is made out against the applicant.

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 05.01.2021 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 05.01.2021 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.

Order Date :- 31.1.2023

M. ARIF

(Samit Gopal, J.)