Court No. - 43
Case :- APPLICATION U/S 482 No. - 28091 of 2018 Applicant :- Ashish Gupta And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pravin Kumar Srivastava,Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard Sri Manvendra Singh, learned counsel for the applicants and Sri A.N. Mulla, the learned A.G.A.
This application under Section 482 Cr.P.C has been filed, assailing the order dated 17.2.2018, summoning the applicants.
Learned counsel for the applicants submitted that the order dated 17.2.2018 is bereft of any application of mind, as it does not disclose as to under what offence, applicants have been summoned.
Sri Mulla, the learned A.G.A too is unable to defend the order impugned.
It is well settled that the learned Magistrate at the stage of summoning, has to apply his judicial mind, which is lacking.
The application is allowed. The order dated 17.2.2018 is set aside / quashed. The A.C.J.M-IV, Jaunpur is directed to pass fresh orders in accordance with law, as expeditiously as possible.
It is clarified that this Court has not commented on the merits of the case and the applicants would not be entitled to any audience prior to summoning.
The office of the Registrar General is directed to communicate this order to the court concerned forthwith.
Order Date :- 24.8.2018 Chandra