Court No. - 80
Case :- APPLICATION U/S 482 No. - 13956 of 2021 Applicant :- Mohd Tariq And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Afzal Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants and learned AGA for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 1.6.2020 based on cognizance and summoning order dated 3.11.2020 as well as further proceedings of Case No. 4650 of 2020 (State vs. Tariq and others) arising out of Case Crime No. 72 of 2020, under Sections 188, 452, 504, 506 IPC, P.S. Hafizpur, District- Hapur, pending in the Court of Judicial Magistrate-II, Hapur.
Learned counsel for the applicants has submitted that in the instant case the order taking cognizance has been passed in a printed proforma by filling in the blanks and as such, the same cannot be sustained in the eyes of law being based on non application of mind and passed in a routine manner.
Per contra, learned AGA has submitted that case number, necessary sections and the name of the applicants has been mentioned by filling in the blanks.
Considering the submissions of counsel for the parties and perusing the order, it is evident that the impugned order has been passed by filling in the blanks, which is not sustainable in the eyes of law and, therefore, the impugned order dated 3.11.2020 is liable to be set aside In view of the above, the impugned order dated 3.11.2020, which has been passed on a printed proforma, is set aside with a direction to the court below to pass fresh speaking and reasoned order in accordance with law preferably within one month from the date of production of a certified copy of this order.
With these observations, this application u/s 482 Cr.P.C. stands disposed of.
Order Date :- 13.8.2021 KU