Faizan And 3 Others vs State Of U.P. .And Another
2023 Latest Caselaw 25846 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:183140
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 22159 of 2023
 

 
Applicant :- Faizan And 3 Others
 
Opposite Party :- State Of U.P. .And Another
 
Counsel for Applicant :- Shashi Bhushan Rai
 
Counsel for Opposite Party :- G.A.,Girraj Singh
 

 
Hon'ble Neeraj Tiwari,J.

1. The present application u/s 482 Cr.P.C. has been filed challenging the impugned charge sheet dated 16.11.2019, cognizance order dated 08.01.2020 as well as entire criminal proceedings of Case No. 169 of 2020 (State vs. Faizan and others), arising out of Case Crime No. 846 of 2019, under Sections 323, 324, 504, 504 I.P.C, Police Station-Civil Lines, District- Rampur, pending before leaned Chief Judicial Magistrate, Rampur.

2. Learned counsel for the applicants confines his arguments to the first part of the submission that the cognizance dated 08.01.2020 order is bereft of application of mind and has been passed on the cyclostyled copy. He thus argues that the cognizance order suffers from the vice of non-application of mind and therefore is liable to be set aside on that ground alone. In support of his submission, he placed reliance on the judgment of the Supreme Court in the case of Megh Nath Gupta & another Vs. State of U.P. and another, 2008 (62) ACC 826 as well as Single Judge judgment and order passed by this Court in the case of Ankit Vs. State of U.P. and another [(2009) (9) ADJ 778] on an Application No. 19647 of 2009 filed under Section 482 CrPC on 15.10.2009. He, thus, argues that the cognizance order is liable to be set aside in view of the well settled law of this Court. He also placed before me several orders passed by this Court whereby similar orders have been set aside by this Court and the matters have been remanded before the Trial Court for fresh orders in accordance with law.

3. A perusal of the impugned cognizance order in the present proceedings clearly demonstrates that there was no application of mind whatsoever prior to the passing of the cognizance order, which has been repelled by this Court in various judgments.

4. In view of the categorical pronouncements of this Court, the impugned order dated impugned charge sheet dated 16.11.2019, cognizance order dated 08.01.2020 are set aside and the matter is remanded before the concerned Court below for passing fresh orders of summoning and cognizance if it deems fit within a period of four weeks from the date of production of certified copy of this order.

5. Consequently, the application is allowed in part and the order dated impugned charge sheet dated 16.11.2019, cognizance order dated 08.01.2020 are set aside in terms of the order passed above.

6. Let a copy of this order be sent to the concerned Court below for its compliance as stated above.

Order Date :- 21.9.2023

ADY