Allahabad High Court
Surya Prakash Pandey And 16 Others vs State Of U.P. And Another on 22 May, 2024
Author: Gautam Chowdhary
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:92293
Court No. - 90
Case :- APPLICATION U/S 482 No. - 8358 of 2024
Applicant :- Surya Prakash Pandey And 16 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Achyuta Nand Pandey,Anand Prakash Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
2. The present application u/s 482 Cr.P.C. has been filed for quashing of charge sheet dated 11.10.2018 as well as entire proceeding of Case No. 55 of 2021 (State Vs. Surya Prakash and others), arising out of Case Crime No. 592 of 2017, under Sections 147, 332, 504, 506 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station Karchhana, District Allahabad (Prayagraj) pending in the court of learned Additional Chief Judicial Magistrate-VIII, Allahabad as well as to quash the cognizance/ summoning order dated 23.02.2021 passed in the aforesaid case.
3. Counsel for the applicants confines his arguments to the first part of the submission that the impugned cognizance/ summoning order is bereft of application of mind and has been passed on the cyclostyled copy. He thus argues that the cognizance/ summoning 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/ summoning 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.
4. A perusal of the cognizance/ summoning order impugned in the present proceedings clearly demonstrates that there was no application of mind whatsoever prior to the passing of the summoning order, which has been repelled by this Court in various judgments.
5. In view of the categorical pronouncements of this Court, the impugned order dated 23.02.2021 passed by Additional Chief Judicial Magistrate-VIII, Allahabad is set aside and the matter is remanded before the concerned Magistrate for passing fresh orders of summoning and cognizance if it deems fit.
6. Consequently, the application is allowed in part.
7. Let a copy of this order be sent to the concerned court for its compliance as stated above.
Order Date :- 22.5.2024
Mustaqeem.
