Yashpal Singh vs State Of U.P. And Another
2023 Latest Caselaw 7350 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 

 
Case :- APPLICATION U/S 482 No. - 8487 of 2023
 

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

 
Hon'ble Samit Gopal,J.

List revised.

Heard Sri Pavan Kumar, learned counsel for the applicant, Sri Raj Kumar Gupta, learned State counsel and perused the record.

This application under Section 482 has been filed by the applicant-Yashpal Singh with the prayer to quash the impugned summoning order dated 5.4.2019 passed by C.J.M. Bijnor in Criminal Case No.1910 of 2019 (State Vs. Yashpal Singh) in case crime no.859 of 2017, u/s 420, 467, 468, 471, 504, 506 IPC, P.S. Kotwali City, District Bijnor as well as entire proceeding of aforesaid case pending before the court of C.J.M. Bijnor and further to stay the further proceedings of aforesaid case.

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 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 5.4.2019 which is annexure 8 to the affidavit which is on a printed proforma by filling up the name of the applicant and other details with ink which shows that there is total non application of mind. It is argued that no offence is made out against the applicant.

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 5.4.2019 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 5.4.2019 is hereby set aside.

The present application is allowed to this extent.

The matter is remanded back to the trial court to pass fresh order in accordance with law within three weeks from today.

(Samit Gopal, J.)

Order Date :- 14.3.2023

Gaurav