Court No. - 45
Case :- APPLICATION U/S 482 No. - 38145 of 2018 Applicant :- Abha Devi And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
The present 482, Cr.P.C. application has been filed by the applicants to quash the entire proceedings of Criminal Case No.2036 of 2018 (State Vs. Abha Devi) arising out of Case Crime No.11 of 2018, under Sections 323, 504, 427, 452, IPC, P.S. Machhalishahr, District Jaunpur, pending in the court of Additional Civil Judge (Senior Division) II, Jaunpur.
Submission is that the cognizance order dated 31.7.2018 has been passed by the court below on a printed proforma without application of mind.
Learned A.G.A.has not been able to rebutt the argument.
A perusal of the order shows that it has been passed on a printed proforma without application of mind. Consequently, the order dated 31.7.2018 passed by the court below is, hereby, quashed.
The application is allowed.
It is open for the court below to pass a fresh order in accordance with law.
Order Date :- 29.10.2018 T. Sinha