Court No. - 45
Case :- APPLICATION U/S 482 No. - 30354 of 2018 Applicant :- Smt. Jyoti Bhatnagar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Sengar,Rajnikant Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
The submission is that the cognizance order dated 23.07.2016 has been passed by the C.J.M., Ghaziabad on a printed proforma which shows non-application of mind. It has been submitted that the order of cognizance has serious consequences for an accused and without application on mind such an order cannot be passed.
Sri Shyam Singh Yadav holding brief of Sri Chandan Agarwal has put in appearance on behalf of opposite party no. 2. Learned A.G.A. is present on behalf of the State.
A perusal of the order shows that it has been passed on a printed proforma and shows absolute non-application of mind. Therefore the order dated 23.07.2016 cannot be sustained and in thereby quashed. This application is allowed leaving open for the court below to pass fresh order in accordance with law.
This application is allowed.
Order Date :- 29.10.2018 Rohit