Allahabad High Court
Kailash And 3 Others vs State Of U.P. And Another on 31 March, 2023
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- APPLICATION U/S 482 No. - 10907 of 2023
Applicant :- Kailash And 3 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Abhishek Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
List revised.
Heard Sri Abhishek Gupta, learned counsel for the applicants, Sri B.B. Upadhyay, learned State counsel and perused the record.
This application u/s 482 Cr.P.C. has been filed by the applicants Kailash, [email protected], Jaywati, Vimlesh with the prayer to quash the entire proceeding of Case No. 12406 of 2022 (State vs. Kailash and others), and quash the impugned charge sheet dated 7.8.2022 under Sections 323, 354 I.P.C. against the applicant no. 1 and Section 323 I.P.C. against the applicant no. 2 to 4, Police Station Dankaur, District Gautam Buddh Nagar, arising out of Case Crime No. 222 of 2022, pending in the court of First Additional Chief Judicial Magistrate, Gautam Buddha Nagar, and for setting aside the impugned summoning/cognizance order dated 19.12.2022 passed by First Additional Chief Judicial Magistrate, Gautam Buddha Nagar against the applicants and with the further prayer to stay the entire proceedings of the said case and the impugned summoning order/cognizance order.
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. 60 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 19.12.2022, 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 19.12.2022 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 19.12.2022 is hereby set aside.
The present application is allowed to this extent.
The matter is remanded back to the trial court concerned 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 :- 31.3.2023
{Naresh}
