Vijay Singh Cheema vs State Of U.P. And Another
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Allahabad High Court

Vijay Singh Cheema vs State Of U.P. And Another on 3 May, 2024

Author: Samit Gopal

Bench: Samit Gopal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:80140
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 13655 of 2024
 

 
Applicant :- Vijay Singh Cheema
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sunil Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Samit Gopal,J.
 

1. List revised.

2. Heard Sri Sunil Kumar Singh, learned counsel for the applicant and Sri Sanjay Kumar Singh, learned State counsel and perused the record.

3. The present application under Section 482 has been filed by the applicant Vijay Singh Cheema with the following prayers:

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the charge sheet dated 6-9-2018 being criminal case No.812 of 2020 (State Vs. Vijay Singh) under sections 452,376,511,506 I.P.C. Police Station Simbhavali, District Hapur arising out of case crime No.60 of 2018 and also to quash the cognizance order dated 25-8-2020 passed by Additional Civil Judge (JD)/Judicial Magistrate 1st class Garhmukteshwar, Hapur.

It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of criminal case No.812 of 2020 (State Vs. Vijay Singh) under sections 452,376,511,506 I.P.C. Police Station Simbhavali, District Hapur arising out of case crime No.60 of 2018 pending in the court of Additional Civil Judge (JD)/Judicial Magistrate 1st class Garhmukteshwar, Hapur or may pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."

4. 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 applicant are false and concocted. It is argued that the concerned trial court has passed summoning order on 25-8-2020 which is annexure 4 to the affidavit which is on a printed proforma by filling up the name of the applicant and other details with the ink which shows total non application of mind. It is argued that no offence is made out against the applicant.

5. Per contra, learned counsel for the State opposed the prayer for quashing but could not dispute that the summoning order has been passed on a printed proforma.

6. After having heard learned counsel for the parties and perusing the records, it is evident that it has been held that order of printed proforma cannot be passed and the said system of passing such orders have been deprecated. The summoning order dated 25-8-2020 passed in the present matter is on a cyclostyled proforma in which the details have been filled with ink.

7. 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."

8. 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 25-8-2020 is hereby set aside.

9. The present application is allowed to this extent.

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

Order Date :- 3.5.2024

M. ARIF

(Samit Gopal, J.)