Allahabad High Court
Brijendra Pratap Gupta @ Pawan Sarawagi vs State Of U.P. And Another on 21 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
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Neutral Citation No. - 2024:AHC:91831
Court No. - 91
Case :- APPLICATION U/S 482 No. - 27371 of 2021
Applicant :- Brijendra Pratap Gupta @ Pawan Sarawagi
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Mahesh Kumar,Ray Sahab Yadav
Counsel for Opposite Party :- A Kumar Srivastava,G.A.,Rajendra Prasad Tiwari,Vineet Tiwari
Hon'ble Prashant Kumar,J.
1. Heard Sri Mahesh Kumar, learned counsel for the applicant, Sri S.K. Chandrual, learned A.G.A. for the State and perused the record.
2. The present application under Section 482 Cr.P.C. has been filed by the applicant praying for quashing summoning order dated 06.04.2019 as well as the entire proceedings of Complaint Case No.2157 of 2018 (Rajeev Gupta vs. Brijendra Pratap Gupta @ Pawan Sawaragi) under Section 138 of Negotiable Instruments Act, Police Station-Sipri Bazar, District-Jhansi.
3. Learned counsel for the applicants submits that summoning order issued on 06.04.2019 is a cyclostyled order. He has further drawn the attention of the Court to the cognizance/ summoning order, the copy of which is annexed Annexure-6 to this application. It is argued that from perusal of the order, it is apparent that the same is on a printed proforma. 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.
4. 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 is on a printed proforma with some blank spaces, which have been filled up manually.
5. 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.
6. In the case of Amit Jani vs. State of U.P. and others, reported in (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."
7. Looking to the facts and circumstances of the case and without going into the merits of the case as of now, the order dated 06.04.2019 is hereby set aside.
8. The present application is allowed to this extent.
9. The matter is remanded back to the trial court concerned to pass fresh order in accordance with law within a period of two weeks from the date of production of a certified copy of this order.
Order Date :- 21.5.2024
Manish Himwan
