Court No. - 81
Case :- APPLICATION U/S 482 No. - 19303 of 2021 Applicant :- Abhishek Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard Saurabh Kumar Pandey, learned counsel for applicant and learned AGA for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 2.2.2020 and cognizance order as well as summoning order dated 10.8.2020 passed by Chief Judicial Magistrate, Azamgarh as well as the entire proceedings of Case No. 610 of 2020 (State Vs. Abhishek Kumar), arising out of Case Crime No.332 of 2019, under Sections 419, 420 IPC, Police Station Kotwali, District Azamgarh, pending in the court of Chief Judicial Magistrate, Azamgarh.
Learned counsel for the applicant submits that summoning/cognizance order dated 10.8.2020 passed by learned Chief Judicial Magistrate, Azamgarh in Case No. 6110 of 2020 (State Vs. Abhishek Kumar) arising out of Case Crime No. 332 of 2019, under Sections 419, 420 IPC, police station Kotwali, District Azamgarh is on a printed proforma and reveals non-application of mind while taking cognizance of the offence. He places reliance on the decision of this Court in Application U/S 438 No. 5525 of 2020 and 13883 of 2020 and prays for quashing of the cognizance order.
It has been submitted by learned counsel for the applicant that the learned Chief Judicial Magistrate, Azamgarh did not apply his judicial mind at the time of passing the cognizance order against the applicant as the impugned cognizance order has been passed on a printed proforma, which is not permissible under law. In support of his contention, learned counsel for the applicant has relied upon the judgment in the case of Ankit Vs. State of U.P. & Another; 2009 (9) ADJ 778.
Certified copy of the impugned cognizance order is annexed as Annexure-9 to the affidavit which goes to show that the order has been passed on a printed proforma by filling up the blanks. Blanks on the printed proforma appear to have been filled by the court employee. learned Chief Judicial Magistrate, Azamgarh has simply put his initial over his name without applying his judicial mind before passing the said order.
The argument advanced on behalf of applicant has substance. The use of blanks printed proforma in passing the judicial order is not proper and the order of cognizance the applicant has been passed without application of judicial mind.
In view of the facts and circumstances of the case, stated above and the law laid down in case of Ankit Vs. State of U.P. & Another (supra), the impugned cognizance order dated 10.8.2020, is hereby quashed. Learned court below is directed to pass a fresh order on the complaint after applying his judicial mind.
In above terms, application is disposed off. Order Date :- 25.10.2021 Mini