Virendra Singh And 3 Others vs State Of U.P. And Another
2023 Latest Caselaw 27323 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:192254
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 34580 of 2023
 

 
Applicant :- Virendra Singh And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Manish Kumar Singh,B.N.Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

Heard learned counsel for the applicants and learned A.G.A for the State as also perused the record.

This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 26.08.2020 passed by the Judicial Magistrate Konch, District Jalaun in Case No.287 of 2020 (State of U.P. Vs. Virendra Singh and others) in Case Crime No. 57 of 2020 under Sections 323, 504, 506 I.P.C., P.S. Kailiya, District Jalaun.

Learned counsel for the applicant submitted that impugned summoning has been passed without application of mind on printed proforma, therefore, same is liable to be set aside. In support of his contention, he has placed reliance upon the judgment dated 11.11.2020 of this Court in the case of Vishnu Kumar Gupta and Another Vs. State of U.P. and Another passed in Application U/S 482 No. 41617 of 2019, which was passed after considering many judgments of Apex Court as well as this Court in the cases of Bhusan Kumar and Anr. Vs. State (NCT of Delhi) and anr., Sunil Bharti Mittal v. C.B.I., Darshan Singh Ram Kishan Vs. State of Maharashra, Ankit Vs. State of U.P. and another reported in 2009 (9) ADJ 778, Shakuntala Devi Vs. State of U.P. and 4 others passed in Application U/S 482 No. 11232 of 2018, Avdesh Vs. State of U.P. and another reported in 2019 (6) ADJ 667, Dushyant Kumar Vs. State of U.P. and other passed in Application U/S 482 No. 7206 of 2020, Ashu Rawat Vs. State of U.P. And another passed in Application U/S 482 No.13883 of 2020 and Rishipal & others Vs. State of U.P. And Another reported in 2019 (3) ADJ 699.

Learned AGA has opposed the submission of learned counsel for the applicants, but could not dispute this fact that order has been passed without reasons.

I have considered the rival submissions advanced by the learned counsel for the parties and perused the summoning order as well as judgments relied by the learned counsel for the applicant. By perusal of the same, it is apparently clear that order has been passed without application of mind on printed proforma and same is also considered in the aforesaid judgments, which was relied by the learned counsel for the applicants, therefore, the summoning order is liable to be set aside.

Accordingly, the summoning order dated 26.08.2020 is set aside and application is allowed. Court concerned is directed to pass fresh order within one month from the date of production of certified copy of this order in light of law laid down by the Apex Court as well as this Court from time to time.

Order Date :- 5.10.2023

Meenu Singh