Court No. - 25
Case :- APPLICATION U/S 482 No. - 30325 of 2018 Applicant :- Maharaj Singh And 3 Others Opposite Party :- State Of UP And Another Counsel for Applicant :- Murari Lal Jain Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Heard Sri Murari Lal Jain, learned counsel for the applicants, Sri S.N. Tiwari, learned A.G.A.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the impugned summoning order dated 29.03.2018, passed by the Additional Chief Judicial Magistrate, Court No. 10, Agra in Criminal Case No. 1050 of 2018 – State Vs. Maharaj Singh and Others, arising out of Case Crime No. 345 of 2017, under Sections 323, 504, 308 I.P.C., Police Station - Kagarol, District - Agra as well as to quash the entire proceedings of the aforesaid case.
Learned counsel for the applicants urged that the impugned summoning order dated 29.03.2018 has been passed on printed proforma without application of mind as is evident from the certified copy of the impugned order (Annexure-11), which shows that on typed/cyclostyled paper only date, case crime number and sections have been filled by the clerk and thereafter the Presiding Officer has only signed the order. Non application of mind while passing the order impugned is also evident from the fact that after investigation the Investigating Officer has filed charge sheet only under Sections 323, 325, 504 I.P.C. but the applicants have been summoned by the court below under Sections 323, 504, 308 I.P.C. without assigning any reason for deferring with the opinion of the Investigating Officer, as such the impugned order is bad, wrong, illegal and is liable to be quashed. In support of his contentions learned counsel for the applicants has placed reliance on Saurabh Dewana Vs. State of Uttar Pradesh [ADJ 2010 (3) 622], Application U/S 482 No. 4981 of 2013 – Prem Babu and Others Vs. State of U.P. (decided on 01.03.2013), Ramveer and Others Vs. State of U.P. and Another [2016 LawSuit (All) 2552] and Raj Kumar Vs. State of U.P. and Another [2017 LawSuit (All) 2818], wherein orders passed on printed proforma merely by filling gaps by a court employee and putting of signature by the Magistrate over those, have been held illegal and unwarranted.
Per contra, learned A.G.A. has opposed the above arguments raised by learned counsel for the applicants but conceded that the charge sheet in the case has been filed only under Sections 323, 504, 325 I.P.C. while applicants have been summoned under Sections 323, 325, 308 I.P.C. He also could not dispute that the impugned order has been passed on a printed proforma wherein date, case crime number and sections have been filled by the clerk and thereafter the Presiding Officer has signed the order.
I have considered the rival arguments advanced by learned counsel for the parties and perused the record.
In the facts and circumstances of the case at this stage I find no justification for quashing the entire proceedings of the aforesaid Case Crime No. 345 of 2017. Hence, relief in respect to quashing the entire proceedings of the case is declined.
On perusal of impugned order as well as other documents brought on record, I find substance in the arguments of learned counsel for the applicants. Perusal of charge sheet (Annexure – 10) and impugned summoning order dated 29.03.2018 (Annexure – 11), reveals that on typed/cyclostyled paper date, case crime number and sections have been filled by the clerk and thereafter the Presiding Officer has signed the order, which is indicative of the fact that impugned summoning order has been passed without application of mind, and requires reconsideration.
In view of aforesaid, impugned summoning order dated 29.03.2018, passed by the Additional Chief Judicial Magistrate, Court No. 10, Agra in Criminal Case No. 1050 of 2018 – State Vs. Maharaj Singh and Others, arising out of Case Crime No. 345 of 2017, under Sections 323, 504, 308 I.P.C., Police Station - Kagarol, District – Agra, is set aside and the matter is remitted back to court concerned for passing fresh order on the charge sheet in accordance with law, applying its judicial mind, within 30 days from the date of receipt of certified copy of this order.
With the above observations/directions the application stands finally disposed of.
Order Date :- 13.9.2018 A. Verma