Court No. - 81
Case :- APPLICATION U/S 482 No. - 16281 of 2021 Applicant :- Ram Niwas Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aditya Kumar Yadav,Ashanjal Singh,Mrityunjay Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Learned counsel for the applicant is permitted to make necessary correction in the prayer clause of the application.
Heard Sri Aditya Kumar Yadav, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant application has been filed by the applicant with a prayer to quash the cognizance order dated 10.08.2021 and the entire criminal proceeding as well as charge sheet dated 15.03.2021 in Case Crime No.52 of 2021 (Criminal Case No.240/21), under Sections 435 IPC, P.S. Mohammadabad, District Ghazipur pending in the Court of Civil Judge/ Judicial Magistrate (J.D.), Court No.1, Mohammadabad, District Ghazipur Learned counsel for the applicants submits that the applicants has been falsely implicated in the present case only with ulterior motives and malafide intention. He further submits that charge sheet was filed by the Investigating Officer in a mechanical manner without considering the evidence on record and thereafter, the learned Magistrate without application of mind and in a routine manner took cognizance and passed the cognizance order on printed proforma by filling the blanks of Sections of I.P.C. and Police Station etc. He further argued that the order of cognizance dated 10.8.2021 passed by learned Magistrate is abuse of process of law and the same is liable to be quashed in view of the several orders passed by this Court and the latest order passed by this Court on 9.8.2021 in Application U/S 482 No. - 11334 of 2021 (Pankaj Jaiswal Vs. State of U.P. & Anr.;) and the present case may also be decided on the same terms and conditions.
Per contra, learned A.G.A. opposed the argument made by learned counsel for the applicants but does not dispute this fact that the present case may also be decided in terms of the order passed by this Court dated 9.8.2021 in Application U/S 482 No. - 11334 of 2021 (Pankaj Jaiswal Vs. State of U.P. & Anr.;).
In view of the submission made by learned counsel for the parties and after perusal of record, this application is being finally allowed in terms of order dated 9.8.2021 passed in Application U/S 482 No. - 11334 of 2021 (Pankaj Jaiswal Vs. State of U.P. & Anr.;).
Accordingly, present Criminal Misc. Application U/S 482 Cr.P.C succeeds and is allowed. The impugned cognizance/summoning order dated 10.8.2021 passed by Civil Judge (Junior Division)/Judicial Magistrate Court No.1, Mohammadabad, Ghaziapur is hereby quashed in Criminal Case No.240 of 2021 arising out of Case Crime No.52 of 2021, under section 435 IPC, P.S. Mohammadabad, District Ghaziapur and the matter is remitted back to Civil Judge, (Junior Division)/Judicial Magistrate Court No.1, Mohammadabad, Ghaziapur with a direction to decide afresh the issue for taking cognizance and summoning the applicant and pass appropriate orders in accordance with law keeping in view the observations made by this Court as well as the direction contained in the judgments and order referred to above within a period of two months from the date of production of a copy of this order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 21.9.2021 SFH