Court No. - 49
Case :- APPLICATION U/S 482 No. - 17344 of 2020 Applicant :- Devendra Alias Lala Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devesh Kumar Shukla,Dharmesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. Sri Devesh Kumar Shukla, learned counsel for the applicant submits that summoning order dated 02.01.2020 passed by learned Additional Chief Judicial Magistrate, Court No.1, District-Aligarh in Criminal Case No.43 of 2020 arising out of Case Crime No.0304 of 2019, under sections 323, 504, 506 IPC, Police Station-Tappal, District-Aligarh is mechanical and has been issued in a pre-typed/printed proforma without any application of mind. 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 summoning order.
2. It has been submitted by learned counsel for the applicant that the Judicial Magistrate did not apply his judicial mind at the time of passing the summoning order against the applicant as the impugned summoning 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.
3. Certified copy of the impugned summoning order is annexed as Annexure-6 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 Magistrate has simply put his initial over his name without applying his judicial mind before passing the said order.
4. 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 summoning the applicant has been passed without application of judicial mind, which is substantiated by the fact that even the date has not been mentioned filling up the blanks which has been left in the rubber stamp for mentioning the date of appearance.
5. 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 summoning order dated 02.01.2020, is hereby quashed. Learned court below is directed to pass a fresh order on the complaint after applying his judicial mind.
6. In above terms, Application is disposed off. Order Date :- 30.7.2021 Ashutosh