Naresh Kumar Kanaujia @ N.K. ... vs State Of U.P. And Another
2023 Latest Caselaw 26746 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:189028
 
Court No. - 91
 

 
Case :- APPLICATION U/S 482 No. - 30274 of 2023
 

 
Applicant :- Naresh Kumar Kanaujia @ N.K. Kanaujia
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Jadu Nandan Yadav,Agnivesh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Gajendra Kumar,J.

Heard learned counsel for the applicant, learned State counsel and perused the record.

This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceedings of S.T. No.800 of 2020 (State vs. Naresh Kumar Kanaujia) arising out of Case Crime No.843 of 2019, under Sections 332, 353, 506 I.P.C. and Section 135 Electricity Act, P.S.-Kotwali Kannauj, District Kannauj pending in the court of Additional District & Session Judge/F.T.C.-Ist, Kannauj as well as charge sheet dated 27.11.2019 as well as cognizance dated 23.12.2020 and non-bailable warrant dated 7.11.2022.

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 23.12.2020 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 22.04.2017 is hereby set-aside.

The present application u/s 482 Cr.P.C. 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.

Order Date :- 3.10.2023

m.a.