Allahabad High Court
Haseena Bano And Another vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 20 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:76750
Court No. - 15
Case :- APPLICATION U/S 482 No. - 10431 of 2024
Applicant :- Haseena Bano And Another
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another
Counsel for Applicant :- Diwakar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record.
The instant application under section 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceedings arising out of Case No. 123 of 2022(State Vs. Haseena Bano and Others), arising out of Case Crime No. 0311 of 2018, under sections 147,353,506,427 of I.P.C.,Police Station-Maurawa, District-Unnao, pending before the court of J.M., Purwa, District-Unnao as well as the impugned summoning order dated 01-02-2022 passed by the court of learned J.M. Purwa, Unnao and the impugned chargesheet dated 24-09-2020.
Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant matter. He next added that the Investigating Officer, without collecting the cogent piece of evidence, has submitted the chargesheet and the learned trial court, without application of judicial mind, has taken cognizance and has issued summons against the present applicants that too on printed proforma.
In support of his contentions,he has placed reliance on the case of Pankaj Jaiswal Versus State of U.P. and another, Application under section 482 Cr.P.C. bearing No. 11334 of 2021, decided on 09-08-2021 by a coordinate Bench of this court. Relevant portion of the Judgment in the case of Pankaj Jaiswal(Supra) is extracted hereinunder :-
"In view of the above, this Court finds and observes that the conduct of the judicial officers concerned in passing orders on printed proforma by filling up the blanks without application of judicial mind is objectionable and deserves to be deprecated. The summoning of an accused in a criminal case is a serious matter and the order must reflect that Magistrate had applied his mind to the facts as well as law applicable thereto, whereas the impugned summoning order was passed in mechanical manner without application of judicial mind and without satisfying himself as to which offence were prima-facie being made out against the applicants on the basis of the allegations made by the complainant. the impugned cognizance order passed by the learned Magistrate is against the settled judicial norms."
Referring the aforesaid, he submits that the summoning order dated 01-02-2022, may be set aside.
On the other hand, learned A.G.A. appearing for the State has opposed the contentions aforesaid on merits, but, he has admitted the fact that the summoning order has been passed on printed proforma.
Considering the aforesaid submissions and discussions and the law laid down by the coordinate Bench of this court in abovesaid case, the summoning order dated 01-02-2022 is hereby set aside.
The matter is remitted back to the trial court concerned to pass a fresh order, within 30 days from the date of this order.
Office is directed to communicate this order to the trial court concerned forthwith.
With the aforesaid observations, the instant application is allowed.
Order Date :- 20.11.2024
AKS
