Court No. - 49
Case :- APPLICATION U/S 482 No. - 6062 of 2021 Applicant :- Ram Gopal And 13 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A. Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application U/s 482 Cr.P.C. has been filed by the applicants seeking prayer for quashing the charge sheet no. 636 of 2018 dated 13.11.2018, in Criminal Case No. 1925 of 2019 (State vs. Ram Gopal and others), arising out of Case Crime No. 758 of 2018, under Section 147, 148, 149, 323, 504, 506, 364 of I.P.C. registered at P.S. Friends Colony, District Etawah, pending in the court of Chief Judicial Magistrate, Etawah, as well as cognizance/summoning order dated 12.04.2019 passed by Chief Judicial Magistrate, Etawah, in the aforesaid case with a further prayer to stay the further proceedings of the aforesaid case.
Learned counsel for the applicant submitted that the impugned summoning order dated 12.04.2019 passed by Chief Judicial Magistrate, Etawah is on a printed proforma, it shows non application of mind by the concerned Chief Judicial Magistrate. In support of his contention, learned counsel for the applicants has relied upon the judgment in the case of Ankit Vs. State of U.P. & Another; 2009 (9) ADJ 778.
Learned A.G.A. fairly conceded the fact that the impugned order dated 12.04.2019 is on a printed proforma and it is a case of non application of mind.
The argument advanced on behalf of applicants has substance. The use of blank printed proforma in passing the judicial order is not proper and the order of cognizance against the applicants has been passed without application of judicial mind.
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 cognizance/summoning order dated 12.04.2019, is hereby quashed. Learned court below is directed to pass a fresh order disclosing the reason after applying his judicial mind.
With the aforesaid direction, Application U/s 482 Cr.P.C. is disposed of.
Order Date :- 7.10.2021 v.k.updh.