Rajesh Kumar @ Rajesh Vishwakarma vs State Of U.P. And Another
2023 Latest Caselaw 6816 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 67
 

 
Case :- APPLICATION U/S 482 No. - 7881 of 2023
 

 
Applicant :- Rajesh Kumar @ Rajesh Vishwakarma
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vijay Bahadur Shivhare
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rahul Chaturvedi,J.

Heard Shri Vijay Bahadur Shivhare, learned counsel for the applicant as well as learned A.G.A. and perused the record.

This 482 application has been filed assailing the legality and validity of the summoning order dated 24-07-2017, whereby the learned Chief Judicial Magistrate, Hamirpur has summoned the applicant Rajesh Kumar @ Rajesh Vishwakarma under Section 386 IPC to face the prosecution.

Learned Magistrate without application of mind in a mechanical way has taken the cognizance of the offence against the applicant.

Learned counsel for the applicant has relied upon the judgements of Hon'ble Apex Court. Reference herein is made to some of the cases of the Apex Court on the issue which are as under:-

(1) Birla Corporation Limited v. Adventz Investments and Holdings Limited and others: (2019)16 SCC 610

(2) Pepsi Foods Ltd. v. Judicial Magistrate: (1998) 5 SCC 749

(3) Mehmood Ul Rehman v. Khazir Mohammad Tunda: (2015) 12 SCC 420

(4) Vijay Dhanuka vs. Najima Mamtaj : (2014) 14 SCC 638

(5) Abhijit Pawar vs. Hemant Madhukar Nimalkar : (2017) 3 SCC 538

(6) Inder Mohan Goswami & another vs. State of Uttaranchal and others: (2007) 12 SCC 1

(7) Bhushan Kumar and another vs. State (NCT of Delhi) and another: AIR 2012 SC 1747

(8) Sunil Bharti Mittal vs. Central Bureau of Investigation : AIR 2015 SC 923

I have gone through the aforesaid judgments and I am of the considered opinion that the present summoning order is well short of the standard set up Hon'ble Apex Court. Therefore, I have got no hesitation in quashing the impugned summoning order dated 24-07-2017 passed by learned Chief Judicial Magistrate, Hamirpur and remanded the matter back for fresh consideration before Chief Judicial Magistrate, Hamipur and apply his judicial mind and would pass fresh order within next six weeks thereafter, provided the applicants serve the copy of this order by 15.03.2023.

With this observation, the present 482 application stands dispose of.

Order Date :- 2.3.2023

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